Gary N. Porter and Lori Porter v. Richard L. Harden and Janice Harden

Summary

The Iowa Supreme Court held that a tenant’s keeping of a single horse at a residence did not establish a farm tenancy under Iowa Code chapter 562. Because the farm-tenancy notice requirements did not apply, the Porters properly terminated the Hardens’ tenancy and were entitled to possession. The court vacated the court of appeals decision and affirmed the district court judgment; Justice Wiggins dissented.

Holdings

1. A farm tenancy requires that the land be primarily devoted to producing crops or providing for the care and feeding of livestock. Merely keeping one horse at a residence, where the property is not primarily used for agricultural purposes, does not establish a farm tenancy or trigger chapter 562's special termination protections.
2. Chapter 560 did not prohibit the Porters from bringing an FED action to determine the right to possession. It restricted issuance of execution to remove the occupant until the chapter's requirements were satisfied.
3. The owners of the adjoining three-acre parcel were not necessary parties because the Hardens conceded that the parcel was separately owned and was not owned by the Porters.

Questions Presented

1. Whether keeping a single horse on residential property established a farm tenancy under Iowa Code section 562.1A and triggered the special termination-notice requirements of sections 562.5 through 562.7.
2. Whether Iowa Code chapter 560 barred the FED action because the Hardens separately sought relief for alleged valuable improvements to the property.
3. Whether the owners of an adjoining three-acre parcel were necessary parties to the FED action.

Disposition

vacated