John C. Marek Jr. v. The City Development Board of the State of Iowa and Henry County, Iowa, and Dan Johnson and Linda Johnson

CourtSupreme Court of Iowa
DecidedApril 16, 2021
Docket19-0759
StatusPublished

This text of John C. Marek Jr. v. The City Development Board of the State of Iowa and Henry County, Iowa, and Dan Johnson and Linda Johnson (John C. Marek Jr. v. The City Development Board of the State of Iowa and Henry County, Iowa, and Dan Johnson and Linda Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John C. Marek Jr. v. The City Development Board of the State of Iowa and Henry County, Iowa, and Dan Johnson and Linda Johnson, (iowa 2021).

Opinion

IN THE SUPREME COURT OF IOWA No. 19–0759

Submitted March 23, 2021—Filed April 16, 2021

JOHN C. MAREK, JR., JOELLE C. MAREK, JASON D. MOATS, AMBER F. MOATS, LEMAR D. FENTON, KIMBERLY R. FENTON, BEN B. JOHNSON, MARY P. JOHNSON, SCOTT M. PFEIFFER, DONNA J. PRESTON, ANDREW GRIESER, JESSE J. MULLIN, AMANDA M. MULLIN, SCOTT E. CHRISTOFFERSON, CANDY S. CHRISTOFFERSON, CLIFFORD A. MATHER, WENDY L. MATHER, PHILLIP C. BUFFINGTON, ROBYN B. BUFFINGTON, COREY S. STROTHMAN, SAMANTHA STROTHMAN, and PRAIRIE AG REAL ESTATE HOLDINGS, LLC,

Appellees/Cross-Appellants,

vs.

DAN JOHNSON and LINDA JOHNSON,

Appellants,

and

THE CITY DEVELOPMENT BOARD OF THE STATE OF IOWA and HENRY COUNTY, IOWA,

Cross-Appellee.

On review from the Iowa Court of Appeals.

Appeal from the Iowa District Court for Henry County, John M.

Wright, Judge.

The City Development Board seeks further review of a court of

appeals decision reinstating a declaratory judgment action brought by

former residents and property owners of a discontinued city against the board. DECISION OF COURT OF APPEALS AFFIRMED IN PART AND

VACATED IN PART; JUDGMENT OF DISTRICT COURT AFFIRMED. 2

Mansfield, J., delivered the opinion of the court, in which all justices

joined.

Curtis Dial of Law Office of Curtis Dial, Keokuk, for appellants.

Steven E. Ort of Bell, Ort & Liechty, New London, for

appellees/cross-appellants.

Thomas J. Miller, Attorney General, and Emily Willits and Alan Nagel, Assistant Attorneys General, for cross-appellee City Development

Board. 3

MANSFIELD, Justice.

This case arises out of the discontinuance of the City of Mt. Union.

There was a certain irony in the name of this municipality. The “city” had

only 107 people; there was no “mountain”; and, as this case reveals, there

was not much “union” in this divided community.

After the city had been discontinued, two of its former residents—

Dan and Linda Johnson—obtained a default judgment against the city for

defamation. They presented it for payment to the City Development Board,

a state agency that supervises the discontinuance of cities pursuant to Iowa Code section 368.21. The Board decided it had to recognize the

default judgment and approved it as a valid administrative claim. A group

of twenty-two other former residents and property owners petitioned for

judicial review of the Board’s decision. Meanwhile, they also filed the

present lawsuit seeking a declaratory judgment and naming both the

Johnsons and the Board as defendants.

In the declaratory judgment action, the district court granted

summary judgment for the plaintiffs and against the Johnsons,

determining that the Johnsons’ default judgment was invalid because it

had been obtained against an entity that no longer existed. However, the

district court dismissed the plaintiffs’ claim against the Board, holding

that a petition for judicial review under Iowa Code chapter 17A was the

plaintiffs’ exclusive remedy against the Board.

Following an appeal and a cross-appeal, the court of appeals

affirmed the summary judgment against the Johnsons, but in a 2–1

decision reversed the dismissal of the Board.

On the Board’s application for further review, we must now decide whether there are other avenues for judicial review of the Board’s actions

in addition to Iowa Code chapter 17A. We conclude there are not. Section 4

368.22 has express language making chapter 17A “the exclusive means”

of review. See Iowa Code § 368.22(2) (2018). Accordingly, we enforce that

language as written, we affirm the district court’s judgment, and we affirm

in part and vacate in part the decision of the court of appeals.

I. Facts and Procedural History.

The procedural history of this matter is a bit complicated and spans

three separate actions: (1) a defamation case filed by the Johnsons against

the city in the Henry County District Court; (2) an administrative

proceeding before the Board relating to the discontinuance of the city, followed by a petition for judicial review of the Board’s action, also filed in

Henry County; and (3) the declaratory judgment action that is the subject

of this appeal, also filed in Henry County.

On February 24, 2016, the Johnsons—who are brother and sister—

filed a petition at law against the city for defamation (No. LALA011869). It

was served on the city on April 24.

On May 30, the city formally adopted a resolution to discontinue the

city’s existence. This began the process by which the city could

discontinue and become an unincorporated part of Henry County. Iowa

Code § 368.3(2).

A petition was filed with the city clerk, which under Iowa law

triggered a special election on the question of discontinuance. Id. The

election was held November 8, and discontinuance was narrowly approved

by a 32–31 vote.

Iowa law provides that at this stage, the Board “shall take control of

the property of the discontinued city and shall supervise procedures

necessary to carry out the discontinuance in accordance with [Iowa Code] section 368.21.” Id. Thus, on February 21, 2017, the Board issued a 5

public notice to the city, the county, and various state agencies that it

would consider the discontinuance of the city at its March 8 meeting.

Back in the Johnsons’ defamation case, on February 22, 2017, the

city’s counsel filed an application to withdraw as counsel for the city and

a separate motion to substitute under which the Board would replace the

soon-to-be-discontinued city as defendant. The Board, however, resisted

the motion to substitute. In the meantime, trial of the defamation case

was continued to December 5.

The Board held its previously announced meeting on March 8. Two days later, the Board entered an order formally discontinuing the city.

Iowa Code section 368.21 provides,

[I]n the case of a discontinuance, the board shall publish two notices . . . that it will receive and adjudicate claims against the discontinued city for a period of six months from the date of last notice, and shall cause necessary taxes to be levied against the property within the discontinued city to pay claims allowed.

Thus, the Board’s March 10 order explained that “there will be a six-month

period within which all claims shall be adjudicated.” As required by

section 368.21, the notices to file claims with the Board were published.

Meanwhile, back in the defamation lawsuit, on March 13, the

district court granted the motion to withdraw filed by the city’s counsel

but denied the motion to substitute the Board as defendant. In its order,

the court explained why it was denying the motion to substitute: “Any

claim for money damages Dan and Linda Johnson have against the former

City of Mt. Union must be filed as a claim pursuant to Iowa Code Section

368.21. Such claim would be resolved through an administrative process.”

On September 11, each of the Johnsons filed an administrative claim with the Board for damages. However, before those claims were

heard, the Johnsons also appeared with their counsel at the previously 6

scheduled December 5 trial date in the defamation case (No. LALA011869).

No one appeared for the city. The district court heard testimony from the

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John C. Marek Jr. v. The City Development Board of the State of Iowa and Henry County, Iowa, and Dan Johnson and Linda Johnson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-c-marek-jr-v-the-city-development-board-of-the-state-of-iowa-and-iowa-2021.