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Case No. 22-0038

William Lee Pitz and Lynn S. Pitz
v.
United States Cellular Operating Company of Dubuque

William and Lynn Pitz were the recipients of farmland, which included a portion of land that had been leased to United States Cellular Operating Company so it could build a telecommunication tower on the property. The lease was for thirty years and included an option to renew for an additional term of thirty years. The district court denied the Pitzes’ petition for a declaratory judgment that US Cellular failed to validly exercise its option to renew the lease. The court of appeals opinion affirmed the district court’s determination that US Cellular properly exercised its option to renew the lease because its written notice was not defective and payment of the rent due was not a condition precedent to renewal of the lease. The Pitzes seek further review.

County:
Dubuque
Trial Court Case No.:
LACV109349

Appellant

William Lee Pitz and Lynn S. Pitz

Appellee

United States Cellular Operating Company of Dubuque

Attorney for the Appellant

Todd J. Locher

Attorney for the Appellee

Bret A. Dublinske and Brandon R. Underwood

Supreme Court

Oral Argument Schedule

Non-Oral

Mar 22, 2023 10:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-0038
Date Published:
Apr 21, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0038
Date Published:
Nov 02, 2022
Summary

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED ON BOTH APPEALS.  Heard by Schumacher, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            William and Lynn Pitz (the Pitzes) appeal the ruling on their petition for declaratory judgment.  The Pitzes claim the district court erred in determining there was a valid contract between the parties and they are entitled to attorney fees.  United States Cellular Operating Company of Dubuque (US Cellular) cross-appeals the denial of its request for attorney fees.  OPINION HOLDS: There is a valid contract between the parties because (1) the relevant renewal provision of an expiring lease did not require payment as a condition precedent to renew and (2) the renewal notice sufficiently identified the party seeking to renew the contract, so the Pitzes knew US Cellular was exercising the renewal option.  Neither party may recover attorney fees.

Other Information

Date Further Review is Granted:
Jan 13, 2023
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