James M. Winters, Carol A. Winters, Ted Waitman, and Deborah Waitman v. A.J. Christen and Aune Christen, and Their Heirs, Devisees, Grantees, Assignments, Successors in Interest and Any Unknown of the Followed Described Real Estate Situated in Allamakee County, and Duane A. Tank and Sheila M. Tank, Intervenors-Appellants.
16-0970
| Iowa Ct. App. | Apr 19, 2017Background
- Winters and Waitman properties lie west of the Mississippi but do not abut the river; a strip of land between their lots and the river (including a county road and railroad tracks) is disputed.
- The strip east of the eastern lot lines was not divided into lots on a 1970 plat; earlier deeds excepted land east of the railroad and conveyed property "subject to" highway, railroad, and U.S. Government rights.
- Winters and Waitman sued in 2013 to quiet title, asserting adverse possession (and later produced a quitclaim deed from a Christen heir, Sheila Daniels, conveying any interest she had); Tanks intervened asserting access and public-trust interests.
- District court granted Winters’s motion for partial summary judgment, finding Winters established adverse possession, Tanks were strangers to title, and state ownership beyond the ordinary high-water mark need not be fixed; court quieted title to Winters and Waitman.
- On appeal, Tanks challenged legal description, ownership of land east of the county road, and whether Tanks had any legal interest (arguing public-trust/access rights); appellate court affirmed as to Winters, reversed as to Waitmans (no motion filed for them) and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held | |
|---|---|---|---|---|
| Whether Winters established title by adverse possession to the strip between their lots and the ordinary high-water mark | Winters: continuous, exclusive use since 1996 and deed/quitclaim from Christen heir; legal description seeks land to the normal high-water line | Tanks: Winters failed to prove Christen ownership east of county road and legal description is deficient | Affirmed as to Winters — summary judgment proper; adverse possession found established | |
| Whether Tanks have rights under the public trust doctrine to prevent quiet title | Winters: public trust only applies to state-owned land east of ordinary high-water mark; Winters’ claim excludes state-owned land | Tanks: assert public interest in access to public lands and their federally granted docking rights | Tanks failed to show state ownership of disputed land or public-access use; no public-trust interest for Tanks; court affirmed | |
| Whether county/railroad ownership or easement creates an enforceable public access right for Tanks | Tanks: exhibits show county, railroad ownership and allege high-water mark; they need to cross Winters/Waitman property to reach dock | Winters: county at most has easement; Tanks seek private benefit (access to their private dock); other public access exists | Tanks did not demonstrate public-access or easement rights that impair quiet title; court found Tanks lacked legal interest | |
| Whether summary judgment could be entered for Waitmans though they did not move | Waitmans: co-plaintiffs with identical interests to Winters; relief requested implicitly applies to them | Tanks: opposed quiet title as to all plaintiffs | Court: summary judgment cannot be granted for a party who did not move; procedural error | Reversed as to Waitmans and remanded for further proceedings |
Key Cases Cited
- Moser v. Thorp Sales Corp., 312 N.W.2d 881 (Iowa 1981) (quiet title actions lie in equity; standard of review)
- Fencl v. City of Harpers Ferry, 620 N.W.2d 808 (Iowa 2000) (scope and limits of the public trust doctrine)
- Larman v. State, 552 N.W.2d 158 (Iowa 1996) (public-trust protection limited to state-owned land providing access)
- Bushby v. Washington Cty. Conservation Bd., 654 N.W.2d 494 (Iowa 2002) (public trust does not uniformly bar governmental land management)
- State ex rel. Iowa Dep’t of Nat. Res. v. Burlington Basket Co., 651 N.W.2d 29 (Iowa 2002) (State owns land from ordinary high-water mark to middle of riverbed)
- State v. Sorensen, 436 N.W.2d 358 (Iowa 1989) (public trust includes recreational uses where state-owned land was used by public)
- Schaller v. State, 537 N.W.2d 738 (Iowa 1995) (inference of lake access where easement extends to public water)
- Godfrey v. State, 752 N.W.2d 413 (Iowa 2008) (standing requires a specific legal interest and injury in fact)