Jordan v. Iowa Department of Transportation

468 N.W.2d 827, 1991 Iowa Sup. LEXIS 70, 1991 WL 58365
CourtSupreme Court of Iowa
DecidedApril 17, 1991
Docket89-1436
StatusPublished
Cited by2 cases

This text of 468 N.W.2d 827 (Jordan v. Iowa Department of Transportation) 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.

Bluebook
Jordan v. Iowa Department of Transportation, 468 N.W.2d 827, 1991 Iowa Sup. LEXIS 70, 1991 WL 58365 (iowa 1991).

Opinion

CARTER, Justice.

The Iowa Department of Transportation (IDOT) appeals from an adverse judgment granted to plaintiffs, George W. Jordan and Sandra K. Jordan. Plaintiffs’ action was based on an alleged breach by IDOT of a contract regulating the height of the median strip in front of their mobile home sales business. The case was tried to the court which found for the plaintiffs and awarded them damages. After considering IDOT’s arguments for reversal, we affirm the district court’s judgment with some modification as to the amount of damages.

Plaintiffs were the owners of a mobile home dealership with an entrance on Southeast Fourteenth Street in Des Moines. At this location, Southeast Fourteenth Street is State Highway 169. In May of 1982, IDOT initiated a road construction project on this highway directly in front of plaintiffs’ business.

IDOT negotiated with plaintiffs for a temporary easement for entry onto plaintiffs’ property during construction. At the time of these negotiations, plaintiffs became aware that the project contemplated installation of a median strip which would impede southbound mobile home deliveries from gaining access to plaintiffs’ sales lot. Plaintiffs sought to negotiate with IDOT for a lowering of the median’s height at the point in which it passed in front of their business entrance.

The parties entered into a May 12, 1982, agreement in which plaintiffs granted IDOT a temporary construction easement over their property measuring approximately twenty-one feet by seventy-two feet. In exchange for this easement, IDOT agreed that the median in front of plaintiffs’ business would be three inches in height rather than six inches as originally proposed.

On July 30, 1982, before construction of the median strip, plaintiffs sold the affected land and business on an installment contract to Robert and Pamela Jones. The Joneses were the equitable owners and in possession of this property when IDOT constructed a median strip on Highway 169 parallel to the entire business frontage of the Jordan/Jones property. In constructing the median, IDOT, acting contrary to the written agreement with plaintiffs, followed its original plan for a six-inch-high median.

In December 1984, the Joneses defaulted on their contract. Robert Jones testified at the trial that the installation of the six-inch median was the reason for the Joneses’ decision to simply walk away from their contract with the plaintiffs. After the Joneses defaulted, plaintiffs reacquired the property by forfeiture under Iowa Code chapter 656. They subsequently resold the property in November 1985 for substantially less than the amount which the Joneses had paid.

In October 1986, plaintiffs commenced the present action, seeking damages for IDOT’s alleged breach of the median agreement. After hearing the evidence, the district court found that IDOT had breached the agreement and awarded plaintiff damages of $75,000.

In appealing the district court’s judgment, IDOT contends that (1) plaintiffs lost any interest in the median agreement when they sold the property to the Joneses, (2) the agreement was void as against public policy, and (3) the court applied an improper measure of damages and included an unwarranted award of interest. We consider each of these claims. Other facts which are pertinent to the appeal are mentioned in our discussion of the legal issues presented.

I. Whether the Sale of the Property Deprived Plaintiffs of any Right to Seek Damages Based on the Construction of the Median.

We first consider IDOT’s contention that plaintiffs are not the proper parties to as *830 sert a claim based on the median agreement. It argues that, in selling the property and business to the Joneses, plaintiffs divested themselves of all interest in the property other than a security interest. From this premise, it urges that plaintiffs had no interest in the mobile home sales business at the time the alleged breach of contract occurred. In attempting to illustrate this contention, IDOT suggests that, had the installment sales contract gone as scheduled, plaintiffs could not possibly complain about the construction of the median.

Our first reaction to IDOT’s argument is to observe that plaintiffs’ sales contract with the Joneses did not go as scheduled. Plaintiffs and the Joneses have attributed this circumstance to the effect which the six-inch median strip had on access to the mobile home sales lot. IDOT strongly disputes that the median strip was the sole reason for the Joneses’ default. In resolving IDOT’s challenge to plaintiffs’ standing to sue, we do not believe that the reason for the Joneses’ default is controlling.

The significant circumstance in plaintiffs’ right to sue on the contract is that they did reacquire both the property and the business and thereafter their use of the property was adversely affected by the six-inch median. We fail to see why under these circumstances plaintiffs should not be permitted to recover for breach of an agreement which was made for their benefit. See Becker v. Central States Health & Life Co., 431 N.W.2d 354, 357 (Iowa 1988); Zimmerman v. Kile, 410 N.W.2d 262, 264-65 (Iowa 1987); Linnemann v. Kirchner, 189 Iowa 336, 339, 178 N.W. 899, 900 (1920). Plaintiffs’ right to enforce this agreement should logically exist at any time that their interest under the agreement and their interest in the property affected by the agreement coincide.

Whether the Joneses ever had any basis for relying on the Jordan-IDOT agreement is not an issue in the present case. Their right to do so, if it did exist, could only be based on an equitable assignment of plaintiffs’ contractual rights against IDOT. Because no actual assignment of those rights took place, this could only have occurred as an incident of the sale of the property. We believe that, if any rights under the Jordan-IDOT agreement temporarily inured to the Joneses, those rights were restored to plaintiffs as a result of the forfeiture.

IDOT’s reliance on Farmers & Merchants Savings Bank v. Farm Bureau Mutual Insurance Co., 405 N.W.2d 834 (Iowa 1987), and Risken v. Clayman, 398 N.W.2d 833 (Iowa 1987), is misplaced. The contractual interest which was extinguished in those cases by reason of the vendor’s forfeiture was narrowly related to the purchase price. In the present case, plaintiffs’ contractual interest relates to the use of the property both before and after the aborted sale to the Joneses.

II. Whether the Agreement for a Three-Inch Median Strip was Void as Against Public Policy.

IDOT urges that the agreement between it and plaintiffs to build a three-inch median should not be enforced because it essentially amounts to contracting away the police power of the state. From this premise, it reasons that the agreement is void as against public policy. In support of this contention, it relies upon the decision of this court in Williamson v. Chicago, Rock Island & Pacific Railway,

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Bluebook (online)
468 N.W.2d 827, 1991 Iowa Sup. LEXIS 70, 1991 WL 58365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-iowa-department-of-transportation-iowa-1991.