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Iowa Court of Appeals upholds ruling in Winneshiek County case

Posted: Thu, Jan 19, 2012 2:02 PM

The Iowa Court of Appeals has upheld a ruling by Winneshiek Count District Judge Margaret Lingreen.

Dean Thorson of Decorah had claimed that Arne and Maria Hoyland of Decorah owed him$115,824 plus interest for work he had done on farmland now owned by the Hoylands.  But JUdge LIngreen ruled that the improvements made on the Hoyland farm were not done "by virtue of any contract," so Thorson was not entitled to be made for most of them.  The only exceptions allowed were $4,349 for construction of a sediment basin and necessary tiling work.  The Hoylands had not disputed that claim.

Decorah attorney Steve Belay represented the Hoylands, while Waukon attorney James Garrett represented Thorson.

The Court of Appeals said Judge Lingreen was correct when she ruled that Thorson discussed several projects with the Hoylands, "but only some were assented to by the Hoylands."  The appeals court said all contracts must have mutual assent.