In a legal matter that goes back over a year and a half, a decision was handed down recently by the Iowa District Court.
According to court documents, the case involved plaintiffs David and Douglas Pogge, trustees of the Henry and Lavonne Pogge Trust, versus named defendants, Adam Clemons, Wright County Engineer and the three Wright County Supervisors.
A petition was filed by the plaintiffs regarding the matter on May 27, 2020. According to the motion, the Pogges claim that they were monetarily damaged by the county’s negligence in installing new culverts in a drainage ditch upstream from their property back in 2014, which they claim caused damage to them when a land bridge on their property downstream washed out almost three years later.
The county responded in August of 2021 with a motion for summary judgment, which asks for a judgment by the court without a full trial. The county’s motion asserted that there is no causal connection between the county’s action and the damage to the plaintiffs’ land.
The matter was originally set for a jury trial on October 5. However, in a ruling on September 29, District Court Judge Gregg Rosenbladt did in fact issue a summary judgment in favor of the county. The judgment noted, “the Court is persuaded by an adopts all arguments presented in the defendant's motion for summary judgment and supporting brief and affidavits.”
The judgment cited three reasons for the Court’s decision: “First, the Court can find no common law or statutory duty that the [county] has to the [Pogges] in this matter….The defendants had no legal duty to assess the situation downstream when taking action to remove an obstruction in the drainage ditch upstream. [Second,] the Court also concludes that the plaintiffs cannot show as a matter of law that the defendants' actions were negligent or that the defendants' actions caused the plaintiffs' damage. [Lastly,] The Court further concludes that any actions of Wright County or Wright County officials fall under the doctrine of discretionary immunity as defined by Iowa Code.”
The matter was dismissed and court costs were assessed to the Pogges.
