Miller v. Marshall County

641 N.W.2d 742, 2002 Iowa Sup. LEXIS 36, 2002 WL 550464
CourtSupreme Court of Iowa
DecidedFebruary 27, 2002
Docket00-0341
StatusPublished
Cited by48 cases

This text of 641 N.W.2d 742 (Miller v. Marshall County) 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
Miller v. Marshall County, 641 N.W.2d 742, 2002 Iowa Sup. LEXIS 36, 2002 WL 550464 (iowa 2002).

Opinion

CADY, Justice.

Under Iowa’s county home rule statute, a county is not authorized to lease real property when the lease payments are to be made payable from the general fund without first giving notice of the public’s right to petition for a referendum if the principal amount of the lease exceeds certain limits based on the population of the county. See Iowa Code § 331.301(10)(e)(1), (2) (1993). This appeal requires us to decide if this statute authorizes a county to enter into a lease of real property without first following the petition procedures when the principal amount of the lease over the entire term exceeds the threshold limit under the statute but is below the limit on an annual basis. The *745 district court held the county was not authorized to enter into the lease and that the lease was unenforceable. We affirm the district court on our review.

I. Background Facts and Proceedings.

Gregg Miller owns a building in Mar-shalltown, Iowa, known as the “Rude Budding.” He purchased the building after prolonged discussions with the Marshall County Board of Supervisors (Board). The Board wanted Miller to purchase the building and lease it to Marshall County (County) so the County could consolidate its county offices and operations located in various places throughout Mar-shalltown into a central location.

The Board eventually agreed to lease the Rude Building from Miller, and Miller agreed to purchase the building and make substantial renovations to accommodate the needs of the county. The Board and Miller entered into a written lease agreement on November 28, 1994. The lease covered a period of ten years, with an annual rent of $424,666.00. The lease was to commence once Miller completed the renovations, which the parties agreed would be no later than July 1, 1997. The lease also gave the County the option to renew the lease, as well as the right of first refusal in the event Miller desired to sell the budding during the term of the lease. The lease also contained a termination clause in the event of a fire or other casualty. Additionally, the lease included a separability clause. This clause provided:

Landlord and Tenant intend and believe that each provision in this Lease comports with all applicable local, state and federal laws and judicial decisions. However, if any provision or provisions, or if any portion of any provision or provisions, in this Lease is found by a court of law to be in violation of any local, state or federal ordinance, statute, law, administrative decision or judicial decision, or public policy, and if such court should declare such portion, provision or provisions of this Lease to be illegal, invalid, unlawful, void, or unenforceable as written, then it is the intent of both Landlord and Tenant that such portion, provision or provisions shall be given force to the fullest possible extent that they are legal, valid, and enforce- . able, that the remainder of this Lease shall be construed as if such illegal, invalid, unlawful, void, or unenforceable portion, provision or provisions were not contained herein, and that the rights, obligations and interests of Landlord and Tenant under the remainder of this Lease shall continue in full force and effect.

In the summer of 1995, after Miller began renovating the building to accommodate the county’s needs, the Board determined it had no authority to enter into the lease without notifying the public of its right to petition for an election. The Board then instituted proceedings to enter into a lease by giving the appropriate public notice. See id. § 331.301(10)(e)(2)(a). The notice resulted in the timely filing of a petition with a sufficient number of eligible signatures, forcing the Board to either abandon the lease or direct the county commissioner of elections to call a special election on the question whether to enter into the lease. See id. § 331.301(10)(e)(2)(b). The Board determined a referendum would not succeed and notified Miller it was abandoning the lease.

Miller filed a petition for damages against the County and the Board based on the theories of breach of contract, negligent misrepresentation, promissory estop-pel, unjust enrichment, detrimental reli- *746 anee, quantum meruit, breach of fiduciary duty, and negligence. The County and the Board moved to dismiss the action. The district court dismissed all the claims against the County and the Board except breach of contract and negligent misrepresentation. The County and the Board then moved for summary judgment on the two remaining claims.

The district court granted summary judgment. It found Miller had no claim for breach of contract because the lease was void. It held the Board had no authority to enter into the lease at the time it was executed, and did not subsequently acquire authority pursuant to the governing statutes. The district court found the separability clause did not make the obligation to pay rent under the lease enforceable up to the amount of the statutory spending limit. The district court also dismissed the negligent misrepresentation claim.

Miller appeals from that portion of the summary judgment decision that dismissed his claim for breach of contract. ' He claims the Board had authority to enter into the lease because the statutory spending limits only applied to the principal amount of the annual rent payments and the district court erred by interpreting the statute to mean the spending limits applied to the aggregate of all payments under the term of a lease. Miller also claims the district court erred when it refused to enforce the lease for one year under the separability clause.

II. Standard of Review.

We review the decision to grant summary judgment for errors at law. First State Bank v. Clark, 635 N.W.2d 29, 30 (Iowa 2001); Harvey v. Care Initiatives, Inc., 634 N.W.2d 681, 683 (Iowa 2001). Likewise, we review issues of statutory interpretation for errors. State v. Iowa Dist. Ct., 616 N.W.2d 575, 578 (Iowa 2000); State v. Schultz, 604 N.W.2d 60, 62 (Iowa 1999). When the facts underlying a summary judgment ruling are not disputed, as in this case, our task is to determine whether the district court correctly applied the law to the undisputed facts. First State Bank, 635 N.W.2d at 30; Nicodemus v. Milwaukee Mut. Ins. Co., 612 N.W.2d 785, 787 (Iowa 2000).

III. Section 331.301(10)(e).

Section 331.301 frames the general scope of a county’s power, and sets explicit limits on the county’s authority to act. Goodell v. Humboldt County, 575 N.W.2d 486, 492 (Iowa 1998).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Iowa v. Asa James Starr
Court of Appeals of Iowa, 2025
LM Insurance Corporation v. PPC Roofing, LLC
Court of Appeals of Iowa, 2025
Angstrom v. Calhoun County
Court of Appeals of Iowa, 2021
In re the Detention of Nicholas Wygle
910 N.W.2d 599 (Supreme Court of Iowa, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
641 N.W.2d 742, 2002 Iowa Sup. LEXIS 36, 2002 WL 550464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-marshall-county-iowa-2002.