Linn County v. Kindred
| Decision Date | 25 June 1985 |
| Docket Number | No. 83-1655,83-1655 |
| Citation | 373 N.W.2d 147 |
| Parties | LINN COUNTY, Iowa and Linn County Conservation Board, Plaintiffs-Appellants, v. William KINDRED, Bruce Weldon, Jr., Glenn Belden, Defendants, and Sophia G. Lewis, Executor of the Estate of C. Ira Lewis, Deceased, Defendant-Appellee. |
| Court | Iowa Court of Appeals |
David A. Elderkin and David L. Baker of Elderkin, Pirnie, Von Lackum & Elderkin, Cedar Rapids, for plaintiffs-appellants.
Craig Kelinson, Asst. Co. Atty., for plaintiffs-appellants.
James C. Davis of Woodward, Davis & Rossi, Des Moines, for defendant-appellee.
Heard by OXBERGER, C.J., and DONIELSON, and HAYDEN, JJ.
Appellant Linn County and the Linn County Conservation Board appeal from the district court's holdings returning certain land to the grantor under a reversionary clause. We affirm.
In 1965 C. Ira Lewis deeded to the county for use by the conservation board undeveloped island property in Linn county that was accepted by the county and used thereafter as a wildlife refuge. Lewis retained a life estate and a possibility of reverter was created if the county failed to fulfill certain specific conditions including, inter alia, restrictions on hunting and trapping, posting of no hunting or trapping signs, prosecution of hunters or trappers apprehended on the property, and planting of walnut trees according to a planned program over the ten years following Lewis's death. In 1979 plaintiffs brought suit against persons alleged to have trespassed on the property and cut and removed timber. Lewis died later that year and his executor was made a defendant since another defendant claimed Lewis gave him permission to go on the land. The estate counterclaimed seeking to quiet title based on the reversionary interest it possessed.
Negotiations were undertaken involving various interested persons and entities, some of whom were not parties to the legal action. Plaintiffs unsuccessfully sought enforcement by the court of what was alleged by them to have been an agreement reached during the negotiations.
During trial all claims were dismissed except those of plaintiffs and the estate against each other. Evidence was presented concerning the extent of plaintiffs' efforts to comply with conditions of the grant from Lewis. The trial court quieted title in the estate, finding that a reversion had occurred in 1971. The court placed emphasis in its findings that no survey or other attempt to establish boundaries had been made, rendering it difficult if not impossible to comply with conditions of the grant concerning sign placement, and plans for the property had not been developed. There was a lack of consistent maintenance and patrol of the area, and in 1971 Lewis filed affidavits expressing a belief that, at that time, reversion had occurred due to plaintiffs' failure to meet conditions of the grant.
Notice of appeal was filed by an assistant county attorney within the thirty days provided under Iowa R.App.P. 5(a), but, at that time, he allegedly had not been expressly authorized by either the county or the conservation board to take such action. The board subsequently amended its minutes to show it took action purporting to authorize the appeal. Defendant estate filed a motion to dismiss the appeal due to a lack of jurisdiction alleged to result from failure to obtain authorization for the appeal within the thirty-day appeal period. Justice Larson denied the motion.
On appeal, appellee, the Lewis estate, again contends this court is without jurisdiction to hear the appeal because there was no proper authorization of the appeal given to the county's attorney by the county or conservation board.
Appellant contends the settlement purportedly entered into by the parties should be enforced, and that the court erred in determining the interest given to the county had reverted.
This court has jurisdiction over the appeal of the county. The amended minutes of the November 1983 conservation board meeting indicate authority was given to take the appeal. Even if it had not been expressly given at that time, a party may ratify the unauthorized acts of its attorney. 7A C.J.S. Attorney and Client § 187 (1980). The amendment to the meeting is clearly such a ratification.
The county contends letters exchanged between counsel for the estate Keith Mossman, and Assistant Linn County Attorney Craig Kelinson show a settlement was reached prior to trial and insist it should be enforced. The appellee makes reference to our review of the court's decision being at law, however, this case was tried in equity to enforce a settlement agreement and our review of such decisions is de novo. Iowa R.App.P. 4.
In the initial letter of April 15 to Kelinson, Mossman stated his clients suggested an agreement be reached that: (1) Linn County would dismiss the present lawsuit; (2) Eloise Dennis, a grandchild of C. Ira Lewis, and her husband would define the easement through their property for access to the preserve; (3) a lease for 105 acres upstream from the preserve, called the "Lewis access" area would be rewritten to eliminate the logging and other restrictions, or the property would be sold to Linn County; (4) a deed of the reversionary interest owned by the Lewis family would be given to the county; (5) claims by the Lewis family for farming which took place on the land would be released and an accounting would be made; and (6) claims for the logging of trees on the land would be released by the Lewis family. Mossman indicated his clients wanted the matters resolved and hoped the county would "accept this offer of settlement."
The next letter was dated April 21 and written from Kelinson to Mossman. He indicated certain documents would need to be executed "to effect the settlement agreement" and stated the following needed to be carried out before the suit was dismissed: (1) transfer a deed of the reversionary interest to Linn County; (2) settle boundary lines of the preserve; (3) execute an easement agreement for the area surveyed by Linn county or at another mutually agreeable site; (4) release the claims in connection with use of the property; (5) release claims regarding the lease; and (6) draft an agreement or letter of understanding to negotiate in good faith regarding the future of the lease.
Eloise Dennis visited with Kelinson at his office on May 7, 1982, and indicated she was upset that the suit had not yet been dismissed. She told her attorney that for this reason, along with the fact she and Kelinson were unable to resolve the remaining matters, she concluded no agreement had been reached.
Mossman indicated at the hearing that he thought an acceptance of the offer had been made, while at the same time admitting, "there were a number of things that had to be worked out." Among them was the fact the boundary line was not established, the location of the easement had not been established, and Mossman characterized item six as "an agreement to continue negotiating."
The county's attorney, Kelinson, believed a settlement had been reached but stated the agreement regarding the easement in the "package deal" was an offer "to enter into an agreement defining the easement." The situation regarding the lease was described by Kelinson as follows:
Q. Paragraph 6 does not say anything about either rewriting a lease or selling the 105 acres to Linn County, does it? A. It says that we agreed to negotiate in good faith concerning the future of that lease which while it does not say specifically that we would rewrite the lease or sell the property, the future of the lease obviously involves either selling the property or termination of the lease or rewriting the lease.
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Q. Isn't it a fact that your letter, Exhibit B, has neither an acceptance nor a rejection of Paragraph 3 or either of the proposals in it of Attorney Mossman's letter? A. It doesn't say that we agree to rewrite the lease or that we agree to sell the property, that's correct.
Appellant correctly states that when an offer of...
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