South Central Iowa Landfill Agency v. Elliott J. Corwin, Tassie L. Corwin and All Parties in Possession

CourtCourt of Appeals of Iowa
DecidedNovember 13, 2024
Docket23-1232
StatusPublished

This text of South Central Iowa Landfill Agency v. Elliott J. Corwin, Tassie L. Corwin and All Parties in Possession (South Central Iowa Landfill Agency v. Elliott J. Corwin, Tassie L. Corwin and All Parties in Possession) is published on Counsel Stack Legal Research, covering Court of Appeals 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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South Central Iowa Landfill Agency v. Elliott J. Corwin, Tassie L. Corwin and All Parties in Possession, (iowactapp 2024).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 23-1232 Filed November 13, 2024

SOUTH CENTRAL IOWA LANDFILL AGENCY, Plaintiff-Appellee,

vs.

ELLIOT J. CORWIN, TASSIE L. CORWIN, and ALL PARTIES IN POSSESSION, Defendants-Appellants. ________________________________________________________________

Appeal from the Iowa District Court for Madison County, Randy Hefner,

Judge.

Defendants appeal the district court ruling awarding plaintiff title by adverse

possession. AFFIRMED.

Daniel M. Manning, Jr. of Lillis O’Malley Olson Manning Pose Templeman

LLP, Des Moines, for appellants.

Brett T. Osborn and Emily Douglas Moore of Abbott Osborn Jacobs PLC,

West Des Moines, for appellee.

Heard by Schumacher, P.J., and Badding and Chicchelly, J.J. 2

SCHUMACHER, Presiding Judge.

Elliot and Tassie Corwin (the Corwins), husband and wife, appeal the district

court’s ruling on a petition to quiet title brought by South Central Iowa Landfill

Agency (SCILA). In its petition, SCILA asserted it holds lawful title to a roughly

fourteen-acre plot of land (the disputed parcel). The Corwins answered SCILA’s

petition, asserting they purchased the land from a trust in 2020 and SCILA’s claim

was barred by the one-year statute of limitations in Iowa Code section 614.14(5)

(2022). The Corwins also counterclaimed, arguing that title should be quieted in

their favor. In its competing motion for summary judgment, SCILA also argued that

even if SCILA is not the titleholder of record, SCILA became the disputed parcel’s

rightful owner by adverse possession. Following denial of the competing summary

judgment motions, the district court held a three-day bench trial. After additional

post-trial briefing, the district court ruled the statute of limitations did not apply and

SCILA established ownership by adverse possession. The Corwins appeal.

I. Background Facts & Proceedings

This appeal is about three adjacent parcels of land located just east of

Winterset on the south side of Highway 92. The Corwins own a roughly twenty-

acre, rectangularly shaped area, bordered on its north by Highway 92 and formerly

used as a rock quarry pit (the Corwin property). Immediately to the south of the

Corwin property is a roughly fourteen-acre trapezoidal area of generally

undeveloped land (the disputed property). Surrounding these two properties to the

west, south, and east, SCILA owns a large area of land (the SCILA property) on

which it conducts active landfill operations directly south of the disputed parcel.

The following image was admitted into evidence as Exhibit B. We include 3

it here only to help explain the physical relation of the parcels to one another. At

the top of the image, Highway 92 is marked with “IA 92.” The rectangular Corwin

property and trapezoidal disputed property both lie in the upper left half of the

image. They are surrounded by Highway 92 at the top and surrounded on their

left, right, and bottom by a large area mostly outlined with a thick, bright line

(generally, the SCILA property).

At one point, Lawrence Gardner held title to the SCILA property, the Corwin

property, and the disputed property. In 1971, he and his wife, Leona, sold some

of this property on contract to Robert Rice. Rice operated a sanitary landfill on the

property he purchased from the Gardners. Because of county zoning ordinances,

Rice obtained a special-use permit allowing operation of a landfill on the property.

This permit included the disputed property in the land authorized for use. In

January 1980, the Gardners conveyed the property under contract to Rice by deed.

At its core, this appeal arises from the legal description of the land subject

to the Gardner-Rice contract and deed. Both the 1971 contract and 1980 deed

described the property as “approximately 248 acres” and separately described the 4

disputed property. But both the contract and subsequent deed contained the

words “and except” before the description of the disputed property.1

Four months after the 1980 conveyance, Rice sold the property to SCILA.

The sales contract required Rice to assign any licenses and permits issued for the

land to SCILA. SCILA was deeded the same property interest as held by Rice and

assigned the special-use permit that enabled SCILA to continue landfill operations

on the SCILA property and the disputed property.

Whether Gardner retained ownership of the disputed property after the

Gardner-Rice sale is an underlying issue in this proceeding. Any remaining

property interest Lawrence Gardner held at his death was devised to Leona in

1985. Neither Lawrence nor Leona ever claimed ownership of the disputed parcel.

They never objected to either Rice’s or SCILA’s use of the property. Nonetheless,

in 1996 a change of title certificate was issued to the Madison County Auditor that

reported Leona Gardner as owner of both the Corwin property and the disputed

property, referring to it collectively as “Parcel C.”

In 2014, Leona remarried. She and her new husband transferred property

into the “Leona M. Carlson Revocable Trust Under Agreement Dated October 6,

1 Evidence presented raised doubt about the source of the “and except” language

in the 1971 contract. An early draft of the contract, which was presumably created by the professional working with the parties to the Gardner-Rice sale, had a handwritten mark crossing out “and except” before the separate description of the disputed parcel. If the Gardner-Rice sale intended to convey disputed property, the estimate of “approximately 248 acres” would be accurate, but the separate description of the disputed parcel would be superfluous. But if the words “and except” were meant to remain and carve out the disputed parcel from the property conveyed, the actual total acres would be 227. Rice’s ten year of use of the disputed parcel for landfill operations, without objection from Gardner, would also remain unexplained. 5

1993” (the trust). The transferred property included the Corwin property. But the

disputed property was not transferred. Leona never transferred any interest in the

disputed property before her death in 2019.

After Leona’s death in 2019, the trustee began efforts to sell the property.

At that time, the trust believed the property to consist only of the Corwin property.

The property’s marketing brochure advertised the property as “twenty acres, more

or less.” The brochure included a plat map and aerial photos with superimposed

boundary lines based on information obtained from the Madison County Assessor,

both graphics depicting the boundaries of the Corwin property only. Still, the

southern border of the trust’s property was uncertain when the trust began

marketing the property for sale. So the trust engaged a surveyor to determine the

boundary.

In November 2019, the trust and the Corwins entered a contract for the

purchase of the advertised property. The purchase agreement between the

Corwins and the trust required the property survey be completed.

The survey showed the property contained both the Corwin property and

the disputed property, roughly thirty-two acres. The Corwins were interested in

including the newly discovered property in the purchase agreement, but SCILA

appeared to be using the property. So, on November 30, 2019, the trust’s real

estate agent contacted SCILA to offer the option to purchase the newly discovered

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South Central Iowa Landfill Agency v. Elliott J. Corwin, Tassie L. Corwin and All Parties in Possession, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-central-iowa-landfill-agency-v-elliott-j-corwin-tassie-l-corwin-iowactapp-2024.