MIMG CLXXII Retreat on 6th, LLC
v.
Mackenzie Miller and Parties in Possession
MIMG CLXXII Retreat on 6th, LLC (“The Retreat”) filed separate actions for forcible entry and detainer against Mackenzie Miller and Nathan Williams, the tenants of different properties. The properties were subject to federal housing programs or federally backed loans. Based on its reading of the federal Coronavirus Aid, Relief, and Economic Security Act of 2020 (“CARES Act”), specifically 15 U.S.C. section 9058(c), the magistrate dismissed both cases because The Retreat had not given Miller and Williams 30-day notices to quit. The Retreat filed notices of appeal, and the district court affirmed in each case. The supreme court granted The Retreat’s applications for discretionary review. The Retreat argues the district court erred: (1) by holding 15 U.S.C. section 9058(c) preempts Iowa’s 3-day notice-to-quit provision after termination of the CARES Act’s 120-day eviction moratorium in section 9058(b); (2) by holding section 9058(c) survived the expiration of the eviction moratorium; and (3) by exceeding its authority to act on its own to dismiss these cases where Miller and Williams did not appear and defend themselves.
Appellant
MIMG CLXXII Retreat on 6th, LLC
Appellee
Mackenzie Miller and Parties in Possession
Attorney for the Appellant
Mark E. Weinhardt
Attorneys for the Appellee
Melanie N. Huettman
Alexander V. Kornya
Patrick Bigsby
Jodie C. McDougal
Jackson G. O'Brien
Supreme Court
Oral Argument Schedule
20-20-5
Dec 17, 2024 1:30 PM
