Bob Zimmerman Ford, Inc. v. Midwest Automotive I, L.L.C.

CARTER, Justice.

Bob Zimmerman Ford, Inc. (Zimmerman), operator of a BMW franchise, appeals from an adverse summary judgment in its declaratory judgment action seeking to establish that the right of first refusal granted to the franchiser, BMW North America, Inc. (BMW), in case of a franchise transfer, is invalid by reason of the provisions of Iowa Code section 322A.12 (1997). The action was brought against Midwest Automotive I, L.L.C. (Midwest), an assignee of BMW’s first-refusal rights. BMW later intervened in the action.

The district court concluded that the version of section 322A.12 in…