Eunice F. North v. Douglas K. Van Dyke
16-0165
| Iowa Ct. App. | Sep 13, 2017Background
- Van Dyke hired Heck’s Dozer to build a trail along a ravine bordering Eunice North’s land; construction removed 20 of North’s trees and a portion of the trail encroached on her property.
- North sued for trespass, loss of lateral support, and loss of trees; the jury awarded $50,000 for trespass/loss of lateral support and $6,700 (trebled to $20,100) for willful tree loss, allocating 75% fault to Van Dyke and 25% to Heck.
- Van Dyke did not obtain a property survey before construction and relied on visible markers (fence, posts, roofline); Heck’s operator admitted clearing trees on North’s property at Van Dyke’s direction.
- North testified she expressly told Van Dyke she did not want him on her land; she later observed heavy equipment and trees being cut and subsequently commissioned a survey confirming encroachment.
- Experts testified the embankment could be repaired using various stabilization methods (riprap, drains, metal sheeting), with repair cost estimates presented to the jury; cost-of-repair evidence was significantly less than North’s pre-damage property value estimate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether treble damages under Iowa Code § 658.4 require proof of willfulness | North: Van Dyke acted willfully or without reasonable excuse; evidence of explicit notice and clearing of trees supports treble damages | Van Dyke: No proof he "willfully" destroyed trees; directed verdict should be granted | Court: Substantial evidence supports willfulness or action without reasonable excuse; denied directed verdict |
| Whether jury instruction on measure of damages should include diminution-in-value language in main instruction | North: Cost-of-repair instruction appropriate; diminution addressed elsewhere | Van Dyke: Diminution-of-value should be included because restoration to natural condition was disputed | Court: Diminution was instructed elsewhere (economic waste instruction) and cost-of-repair was proper because property was repairable |
| Whether the $50,000 award for trespass/loss of lateral support is supported by evidence | North: Award within the range of repair-cost and expert estimates | Van Dyke: Award unrelated to evidence and exceeded proper cap (repair cost not to exceed pre-damage value) | Court: Award within reasonable range of evidence ($2,500–$129,690 estimates); jury determination stands |
| Whether equity (injunctive relief or equitable remedy) should have been applied instead of damages | North: Monetary damages are adequate; parties presented repair options and estimates | Van Dyke: Monetary damages inadequate because physical restoration would invade neighbor’s property; equitable relief needed | Court: Trial court properly declined equity; legal remedies and feasible repair alternatives made monetary relief adequate |
Key Cases Cited
- Cozad v. Strack, 119 N.W.2d 266 (Iowa) (definition of "willfully" as wanton act without reasonable excuse)
- Hurley v. Youde, 503 N.W.2d 626 (Iowa Ct. App.) (treatment of willfulness language)
- Bangert v. Osceola Cty., 456 N.W.2d 183 (Iowa) (willfulness as acting without regard to others' rights)
- Drew v. Lionberger, 508 N.W.2d 83 (Iowa Ct. App.) (noting duty to inquire about boundary questions before acting)
- Top of Iowa Co-op v. Sime Farms, Inc., 608 N.W.2d 454 (Iowa) (weight of witness testimony is for the jury)
- Fry v. Blauvelt, 818 N.W.2d 123 (Iowa) (standard of review for denial of directed verdict)
- State v. Urbanek, 177 N.W.2d 14 (Iowa) (admissibility of repair cost evidence to establish property value)
- Ag Partners, L.L.C. v. Chicago Cent. & Pac. R.R. Co., 726 N.W.2d 711 (Iowa) (general rule: cost of repair not to exceed pre-damage property value)
- White v. Citizens Nat’l Bank of Boone, 262 N.W.2d 812 (Iowa) (distinguishing repair cost vs. diminution rules depending on repairability)
- Nichols v. City of Evansdale, 687 N.W.2d 562 (Iowa) (measure of damages for trespass: diminution or cost to remove/restore)
- Boyle v. Alum-Line, Inc., 710 N.W.2d 741 (Iowa) (standard of review for jury instruction challenges)
- Estate of Pearson ex rel. Latta v. Interstate Power & Light Co., 700 N.W.2d 333 (Iowa) (deference to jury on damages)
- Olsen v. Drahos, 229 N.W.2d 741 (Iowa) (verdict within the reasonable range of evidence will not be disturbed)