Monday, November 25, 2013

Hillview Associates v. Bloomquist case brief

Hillview Associates v. Bloomquist case brief summary
440 N.W.2d 867 (Iowa 1989)

Appellant tenants sought review of a decision of the Iowa District Court for Polk County, which removed the tenants from appellee mobile home park following a summary forcible entry and detainer action.

Due to concerns over the physical condition of the mobile home park and rent increases, a number of tenants formed a tenants' association and met to discuss the problems. One such meeting resulted in an altercation between the tenants and the regional manager of the park. The park then evicted the tenants after the forcible entry and detainer action. The lower court ordered the tenants removed.


  • On appeal, the court reversed as to six tenants and affirmed as to two tenants. 
  • The court held that six of the tenants offered substantial evidence of retaliatory termination. 
  • They were active, vocal members of a newly formed tenants' association. 
  • They made good faith complaints about the mobile home park and, though they participated in the meeting where the regional manager was allegedly attacked, they did not encourage or participate in it. 
  • The tenant who did the attacking of the regional manager did not establish the affirmative defense of retaliatory termination.

The court affirmed in part and reversed and remanded in part the lower court's order that removed the tenants from the mobile home park following the summary forcible entry and detainer action. The court found that some of the tenants were improperly removed.

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