KENNETH HAROLD SWIPIES, Plaintiff-Appellant, vs. CITY OF OTO, Defendant-Appellee.
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IN THE COURT OF APPEALS OF IOWA
No. 6-739 / 05-1881
Filed November 16, 2006
KENNETH HAROLD SWIPIES,
Plaintiff-Appellant,
vs.
CITY OF OTO,
Defendant-Appellee.
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Appeal from the Iowa District Court for Woodbury County, John D.
Ackerman, Judge.
Plaintiff Kenneth Swipies appeals from rulings in favor of defendant City of
Oto in plaintiff’s action for injunctive relief. AFFIRMED.
Kenneth Swipies, LaPine, Oregon, pro se.
Kathleen Roe of Hellige, Frey & Roe, R.L.L.P., Sioux City, for appellee.
Considered by Vogel, P.J., and Miller and Eisenhauer, JJ.
2
PER CURIAM
Plaintiff-appellant Kenneth Swipies challenges two rulings made by the
district court in one lawsuit brought by Swipies, a ruling granting the defendant
City of Oto partial summary judgment and a ruling in favor of the city following
trial on the merits of remaining issues.
We review the district court’s ruling
granting partial summary judgment for correction of errors at law. Kragnes v.
City of Des Moines, 714 N.W.2d 632, 637 (Iowa 2006); Thompson v. Estate of
Herron, 561 N.W.2d 33, 33 (Iowa 1997). Although the plaintiff’s lawsuit sought
injunctive relief, it was filed as a law action and nothing in the briefs or appendix
suggests that the trial on the remaining issues was tried in equity. We therefore
conclude our review of the district court’s ruling that followed trial is also for
correction of errors at law. See Iowa R. App. P. 6.4. Following careful review of
the district court’s challenged rulings, we affirm. See Iowa R. App. P. 6.24(1),
(4).
AFFIRMED.
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