Summary
The Iowa Supreme Court affirmed summary judgment declaring a restrictive covenant unenforceable and terminating it. The covenant required approval from an architectural control committee whose named members were deceased or unwilling to act, and it contained no succession mechanism. The court held that compliance was impossible and that the proposed modification to create a committee of all lot owners was neither practicable nor effective under the Restatement (Third) of Property.
Holdings
- The affidavits did not create a genuine issue of material fact because, whether Britt formally resigned or merely refused to act, the result was that he no longer performed and did not intend to perform his duties as a committee member.
- The restrictive covenant could not be enforced as written because compliance with its approval process was objectively impossible and superveningly impracticable after one named committee member died and the other refused to act, with no succession mechanism provided.
- Under section 7.10 of the Restatement (Third) of Property: Servitudes, the proposed modification creating an eighteen-owner architectural control committee was neither practicable nor effective, so termination of the restrictive covenant was appropriate.
Questions Presented
- Whether the conflicting affidavits concerning Britt's resignation created a genuine issue of material fact precluding summary judgment.
- Whether the restrictive covenant was unenforceable under the doctrines of impossibility of performance and supervening impracticability because the designated architectural control committee had no acting members and no succession mechanism.
- Whether the restrictive covenant should be modified rather than terminated under section 7.10 of the Restatement (Third) of Property: Servitudes.
Disposition
affirmed
Cases Cited (17)
- Concerned Citizens of Se. Polk Sch. Dist. v. City of Pleasant Hill, 878 N.W.2d 252, 258 (Iowa 2016)(followed)
- Iowa Arboretum, Inc. v. Iowa 4-H Foundation, 886 N.W.2d 695, 701 (Iowa 2016)(followed)
- McKee v. Isle of Capri Casinos, Inc., 864 N.W.2d 518, 525 (Iowa 2015)(followed)
- Cemen Tech, Inc. v. Three D Indus., L.L.C., 753 N.W.2d 1, 5 (Iowa 2008)(followed)
- Walker v. Gribble, 689 N.W.2d 104, 108 (Iowa 2004)(followed)
- Homan v. Branstad, 887 N.W.2d 153, 164 (Iowa 2016)(followed)
- Fjords N., Inc. v. Hahn, 710 N.W.2d 731, 735 (Iowa 2006)(followed)
- Compiano v. Kuntz, 226 N.W.2d 245, 249 (Iowa 1975)(followed)
- Sky View Fin., Inc. v. Bellinger, 554 N.W.2d 694, 697 (Iowa 1996)(followed)
- Clinton Physical Therapy Servs., P.C. v. John Deere Health Care, Inc., 714 N.W.2d 603, 615 (Iowa 2006)(followed)
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Court Document
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