Howard v. Schildberg Const. Co., Inc.

TERNUS, Justice.

Plaintiff brought this declaratory judgment action seeking relief from the burdens bf a mining lease with the defendant. Plaintiff claimed that (1) the lease was unenforceable because it violated the agricultural land alienation restriction of the Iowa Constitution and (2) it could not be renewed for a third term because the lease did not provide for perpetual renewals. In the alternative the plaintiff claimed that the lease did not encumber the plaintiffs property north of the East Nodaway River. The district court rejected the plaintiffs arguments that the lease was…