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ROUSE v. UNION TOWNSHIP

No. 93-1923.

530 N.W.2d 714 (1995)

Carl ROUSE and Linda W. Rouse, Appellants, v. UNION TOWNSHIP, Appellee, and Appanoose County, Iowa, the Moravia Community School District, and any Unknown Heirs, Devisees, Grantees, Assignees, Successors in the Interest and any Unknown Spouses, and the Unknown Claimants of the Following Described Real Estate Situated in Appanoose County, Iowa: That Portion of the Southwest Quarter of the Southeast Quarter, Section 3, Township 70 North, Range 16 West of the 5th P.M. in Appanoose County, Iowa, Consisting of Approximately one Acre in the Southeast Corner Thereof, Used or Previously Used for Schoolhouse Purposes, or any Similarly Described Real Estate, Defendants.

Supreme Court of Iowa.

Rehearing Denied June 21, 1995.

Attorney(s) appearing for the Case

Daniel P. Wilson of Drake, Wilson and Jay, Centerville, and Timothy A. Lynch of Van Orsdel, Lynch & Rouse, L.C., Des Moines, for appellant.

Mark Kruse, County Atty., for appellee.

Considered by LARSON, P.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.

LAVORATO, Justice.

In this equitable action, Carl and Linda Rouse (the Rouses) appeal from the district court's order on a rule 179(b) motion quieting title to a small parcel of land known as Fairview school (school) in Union township (township). See Iowa R.Civ.P. 179(b). (All references in this opinion to "school" refer not only to the building itself, but also to the approximately one-acre of land upon which the building sits, and any improvements located...

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