from the Iowa District Court for Jasper County, Terry R.
property owner appeals the dismissal of her petition to quiet
G. Aeilts of A.G. Law, PLLC, Pella, and Thomas P. Slater of
Slater & Norris, PLC, West Des Moines, for appellant.
Gilbert R. Caldwell III of Caldwell, Brierly & Chalupa,
PLLC, Newton, for appellees.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
DeHaai seeks reversal of the district court decision
dismissing her quiet-title claim against the City of Monroe
and denial of her motion for leave to amend. We affirm the
district court's decision.
Background Facts & Proceedings
has owned and lived in a residence and adjoining lot fronting
on American Street in the City of Monroe for forty-three
years. Immediately south of DeHaai's property line, the
City of Monroe owns a sixty-foot wide strip of land which
contains American Street with a strip of land on either side
of the street. The City's ownership was established via a
recorded quitclaim deed dated in 1965.
November 7, 2017, DeHaai filed a petition to quiet title
naming the City of Monroe and "Parties in
Possession." The property DeHaai sought quiet title to
is the land lying between the south boundaries of the lots
she holds title to and the physical boundaries of American
petition alleged she had "cared for, maintained, mowed,
and otherwise exercised sole dominion and control" of
the land for over forty years. The City filed a motion to
dismiss, claiming DeHaai failed to adequately plead all the
elements of adverse possession. During the hearing on the
motion to dismiss, DeHaai made an oral motion for leave to
amend her petition. The court did not immediately rule on the
motion. On January 3, 2018, the court granted the City's
motion to dismiss.
Standard of Review
review of a district court's ruling on a motion to
dismiss is for correction of errors at law. Pettit v.
Iowa Dep't of Corr., 891 N.W.2d 189, 193 (Iowa
2017). "We accept the petition's well-pleaded
factual allegations as true, but not its legal
conclusions." Iowa Individual Health Benefit Reins.
Ass'n v. State Univ. of Iowa, 876 N.W.2d 800, 804
(Iowa 2016). "Denial of a motion to amend will only be
reversed where a clear abuse of discretion is shown."
Daniels v. Holtz, 794 N.W.2d 813, 817 (Iowa 2010).