Iowa Electric Light & Power Co. v. Wendling Quarries, Inc.

McGiverin, justice.

This is an interlocutory appeal, Iowa R.App.P. 2, by plaintiff from a trial court ruling on its application for adjudication of law points. Iowa R.Civ.P. 105. The trial court overruled, the application on the ground that there were material facts in dispute. We conclude that the court, nevertheless, should have ruled on the merits of plaintiff’s application, and, thus, we reverse and remand for further proceedings.

Defendant Wendling Quarries, Inc. (Wen-dling), an Iowa corporation, operates a quarry located in Atalissa, from which it mines and sells its products. In March or…