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BOWLES v. SCHILLING

No. 96-1703.

581 N.W.2d 192 (1998)

Niky BOWLES and Thomas Bowles, Plaintiffs-Appellants, v. William SCHILLING, Brookwood at Crow Valley, Inc., an Iowa Corporation, and the Board of Directors of Brookwood at Crow Valley, Inc., (James Galligan, Dennis Loeffler, Rosemary Ocar, Ward Shawver, and Bruce Peterson), Defendants-Appellees.

Court of Appeals of Iowa.

April 24, 1998.

Attorney(s) appearing for the Case

Charles W. Brooke of Brooke & O'Brien, P.L.C., Davenport, for appellants.

William J. Bush of Carlin, Hellstrom & Bittner, Davenport, for appellee Schilling.

Jeffrey C. Kull and Richard M. Batcher of Bozeman, Neighbour, Patton & Noe, Moline, Illinois, for appellees Brookwood and board of directors.

Considered by SACKETT, P.J., and STREIT and MAHAN, JJ.

SACKETT, Presiding Judge.

This case addresses the issue of (1) whether restrictions in a declaration to a horizontal property regime create a property right or a contract; and (2) whether suits brought for improvements allegedly made in violation of the declaration are subject to the five-year statute of limitations in Iowa Code section 614.1(4) covering property damage or the ten-year statute of limitations in Iowa Code...

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