Leonora Streeter, Rodney Dehaan, Esther Dehaan, Kurt Menefee, Robert Lampe, Douglas Benjamin, Barbara Benjamin, Teresa Garvey, Charlotte Thoma, Jeffrey Burke, Jan Burke, Jane Flammang, Aaron Flammang, Susan Sundlin, Steve Brennan, Kevin Brennan v. The Dunn Trust Dated May 20, 2005, Charles L. Dunn and Diane K. Dunn co-trustees
── Leonora Streeter, Rodney Dehaan, Esther Dehaan, Kurt Menefee, Robert Lampe, Douglas Benjamin, Barbara Benjamin, Teresa Garvey, Charlotte Thoma, Jeffrey Burke, Jan Burke, Jane Flammang, Aaron Flammang, Susan Sundlin, Steve Brennan, Kevin Brennan v. The Dunn Trust Dated May 20, 2005, Charles L. Dunn and Diane K. Dunn co-trustees ──
Court: Supreme Court of Iowa
Date: May 15, 2026
Category: General
In the Iowa Supreme Court
No. 24–1753
Submitted January 21, 2026—Filed May 15, 2026
Leonora Streeter, Rodney DeHaan, Esther DeHaan, Kurt Menefee, Robert
Lampe, Douglas Benjamin, Barbara Benjamin, Teresa Garvey, Charlotte
Thoma, Jeffrey Burke, Jan Burke, Jane Flammang, Aaron Flammang,
Susan Sundlin, Steve Brennan, Kevin Brennan, Brian Brennan, Alison
Brennan, Sally Brennan, Robert Marksbury, Lynn Marksbury, Lynn Stick,
Denise Stick, Mark Pyle, and Jamie Pyle,
Appellants,
vs.
The Dunn Trust Dated May 20, 2005, Charles L. Dunn, and Diane K. Dunn,
co-trustees,
Appellees.
Appeal from the Iowa District Court for Dickinson County, Don E.
Courtney, judge.
A group of landowners appeal the district court’s dismissal of their petition
to vacate a default judgment that granted a neighbor quiet title to a road near
their property. Reversed and Remanded.
McDermott, J., delivered the opinion of the court, in which all justices
joined.
Dalton J. Kidd (argued) of Kidd Law Firm, PLLC, Arnolds Park, for
appellants.
David L. Brown (argued) of Hansen, McClintock & Riley, Des Moines, for
appellees.
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Brenna Bird, Attorney General; Eric H. Wessan, Solicitor General; and
Eric M. Dirth and Halle Kissell (argued), Assistant Attorneys General, for amicus
curiae State of Iowa ex rel. Iowa Department of Natural Resources.
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McDermott, Justice.
A private trust filed a petition to quiet title to a section of unpaved road
near West Okoboji Lake. Many decades earlier, a large plat of land on which the
road sits had been dedicated to the public. The trust claimed that it was unable
to identify any interested parties and served notice of the action by publication
in a local newspaper. After no party came forward to contest the petition, a
default judgment was entered in favor of the trust. Later, a group of landowners
in the area petitioned to vacate the default judgment, arguing that they, the State
of Iowa, or both were entitled to personal service of the trust’s lawsuit. The
district court ultimately denied their petition, and they now ask us to find that
the default judgment should be set aside because of the trust’s failure to
personally serve the proper parties.
I.
The road in question in this case sits within an area known as Triboji
Beach. Triboji Beach derives its name from the land’s first owner, the Tribune
Company, and the body of water that the land abuts, West Okoboji Lake. The
original Triboji Beach plat, which was filed with Dickinson County by the Tribune
Company in 1929, certified that the beach, “together with the [p]arks,
[b]oulevards and [d]rives” around it, were “dedicated to the public for use as
such.” Although the area was never incorporated within the official legal
boundaries of any city, it is undisputed that the public has in fact used the
dedicated land. Among other uses, people used the roads to reach the beach,
which in turn was used by the public for fishing, swimming, and other
recreational activities.
This case marks our second appeal surrounding the public dedication of
Triboji Beach. More than forty years ago, in Marksbury v. State, nearby property
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owners filed suit to enjoin the Iowa Conservation Commission from exercising
jurisdiction over the area under a statute governing lake-adjacent land. 322
N.W.2d 281, 284 (Iowa 1982). The property owners argued that the dedication
was restricted to Triboji Beach property owners or, alternatively, that if the area
had been dedicated to the general public, the public never validly accepted it. Id.
We disagreed, h
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}