Mallavarapu v. City of Cedar Falls
Ravindra Mallavarapu, Mark Hannasch, Chad Benson, Danan Dou, Scott Miller, Mark DeGroote, and Zifan Ju, Plaintiffs-Appellants/Cross-Appellees,
vs.
City of Cedar Falls, Defendant/Cross-Appellant,
and
Thunder Ridge West Owners Association, Defendant.
_________________________
City of Cedar Falls, Cross-Claimant,
vs.
Thunder Ridge West Owners Association, Cross-Defendant.
__________________________
City of Cedar Falls, Third-Party Plaintiff,
vs.
Fareway Stores, Inc., Iowa Petroleum and Convenience, Inc., Walgreen Company and CRMS, LLC, Third-Party Defendants-Appellees.
Attorney for Appellants
Brandon M. Schwartz
Attorney for Cross-Appellant
Samuel Anderson
Attorney for Appellees
Christopher S. Wendland
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge. AFFIRMED. Heard by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (15 pages)
Several homeowners appeal, while the city and a business owners association cross‑appeal, an order denying the homeowners’ request for specific performance of maintenance provisions in a storm water easement agreement between the city and the association. As a threshold issue, the city argues the homeowners could not seek specific performance because they were not the intended third-party beneficiaries of the easement agreement. OPINION HOLDS: Finding merit in the city’s contention that the homeowners lacked standing to bring this action, we affirm the denial of equitable relief on that ground and do not reach the other issues raised on appeal and cross-appeal.