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Neutral Court Opinion May 16, 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 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. 2 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. 3 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 4 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
CourtListener · May 15, 2026
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