Byker v. Rice

SCHLEGEL, Judge.

Defendants appeal from the trial court’s entry of summary judgment in favor of plaintiffs in this action to quiet title to an abandoned railroad right of way. Defendants claim that genuine issues of material fact existed regarding the ownership of adjoining land at the time of abandonment of the right of way, and regarding defendants’ claim of estoppel.

I. Summary Judgment — Propriety. Rule 237(c) of the Iowa Rules of Civil Procedure states the rule for determining a motion for summary judgment as follows:(c) Motion and proceedings thereon.... The judgment sought shall be…