CITY OF ST. LUCAS, Plaintiff-Appellee,
DENNIS HERBERT LANGRECK, Defendant-Appellant.
from the Iowa District Court for Fayette County, Richard D.
Stochl and Margaret L. Lingreen, Judges.
appeals the district court's decision ordering him to
remove a building and pay damages.
Patrick A. Ritter of Ritter Law, PC, West Union, for
T. Zeschke of Swisher & Cohrt, P.L.C., Waterloo, and
Patrick B. Dillon of Dillon Law, P.C., Sumner, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
POTTERFIELD, PRESIDING JUDGE
Langreck appeals the district court's decision ordering
him to remove a building and pay damages. We conclude the
district court did not err by granting summary judgment to
the City on Langreck's counterclaims for quiet title or
adverse possession. We also conclude the court did not err in
granting an injunction to the City requiring Langreck to move
a shed. We affirm the decision of the district court.
Background Facts & Proceedings
case involves a shed that is in poor shape and does not have
a foundation or a basement. Its dimensions are sixteen by
twenty-four feet. Initially, everyone believed the shed was
entirely on property owned by the City of St. Lucas.
Beginning in at least 1976, Edmund Schmitt owned the shed and
paid rent to the City. After Schmitt died, Dennis Boyer
purchased the shed from Schmitt's estate. The City had
records of rental payments by Boyer for most years from 1986
property adjacent to the shed was owned by Urban Kreiner. In
an affidavit, Kreiner stated, "[A]s far as I understood,
the shed was located completely on City land." Kreiner
sold the property in 2003 to Langreck. A survey of the City
conducted in 2005 showed the shed was partially located on
property owned by Langreck and partially located on property
owned by the City. Neither Kreiner nor Langreck ever received
any rental payments from Schmitt or Boyd for the presence of
the shed on their property.
31, 2013, the City filed a petition to quiet title to Parcel
S, which included the City's property running underneath
the shed. Notice of the action was made by publication.
Notice was not personally served on Langreck or anyone else.
The district court entered an order quieting title of Parcel
S to the City.
City informed Boyer on January 15, 2014, his lease was
terminated because he "stopped paying rent several years
ago." Boyer was told to vacate the premises and remove
the shed by March 1. Boyer told the City he would move the
shed but asked for more time. Instead, however, Boyer sold
the shed to Langreck on April 10.
3, the City filed an action against Langreck, claiming the
shed was trespassing on the City's property. The City
sought damages and an injunction requiring Langreck to remove
the shed from the property. In his answer, Langreck raised
counterclaims on the grounds of adverse possession,
acquiescence under Iowa Code chapter 650 (2014), quiet title,
and unjust enrichment.
City filed a motion for summary judgment on Langreck's
counterclaims. Langreck resisted the motion. The district
court granted the motion for summary judgment. The court
found (1) the doctrine of adverse possession does not apply
to governmental entities; (2) chapter 650, involving
acquiesced boundaries, did not apply in this situation; (3)
the issue of title was established in the 2013 quiet title
action; and (4) there had been no unjust enrichment because
the City did not receive any rent for the property during the