Gordon Berg Garrison
v.
New Fashion Pork LLP and BWT Holdings LLP
Plaintiff in action against a neighboring confined animal feeding operation appeals from a summary judgment dismissing his claims for nuisance, trespass, and violation of Iowa drainage laws. He contends the district court erred: (1) in concluding the statutory immunity found in Iowa Code sections 657.11(2) and 657.11A(5) is constitutional as applied to the facts of this case; (2) in granting summary judgment when genuine issues of material fact exist on each claim; and (3) in concluding the cap on damages found in Iowa Code section 657.11A(3)(c) is constitutional.
County:
Emmet
Appellant
Gordon Berg Garrison
Appellee
New Fashion Pork LLP and BWT Holdings LLP
Attorneys for the Appellant
Wallace L. Taylor
David A O’Brien
Attorneys for the Appellee
James L. Pray
Jennifer E. Lindberg
James W. White
Supreme Court
Oral Argument Schedule
15-15-5
Mar 23, 2022 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
21-0652
Date Published:
Jun 30, 2022
Date Amended:
Aug 26, 2022
Other Information
Date Retained:
Sep 28, 2021