Opinion
No. 13–0635.
2014-02-5
Loretta B. MEALY, in Her Capacity as Executor of the Estate of Terrence L. Mealy, Plaintiff–Appellant, v. NASH FINCH COMPANY, Defendant–Appellee.
Appeal from the Iowa District Court for Muscatine County, J. Hobart Darbyshire (partial summary judgment) and Nancy S. Tabor (trial), Judges. The Estate of Terrence Mealy appeals the dismissal of its request for a declaration of the meaning of a phrase used in a restrictive covenant in a deed. REVERSED AND REMANDED. Nicholas J. Kilburg and Patrick M. Roby of Elderkin & Pirnie, P.L .C., Cedar Rapids, for appellant. Don Heeman of Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, Minnesota, and Joseph W. Younker of Bradley & Rile, P.C., Iowa City, for appellee.