Supreme Court of Iowa

The Sons of the Union Veterans of the Civil War, Department of Iowa; Save Iowa Civil War Monuments Foundation, And…

February 27, 2002641 N.W.2d 729

Summary

The court affirmed summary judgment for the American Legion, holding that the Civil War cannon had not been dedicated to public ownership or use. The record established that the GAR transferred the cannon to the American Legion and lacked the clear evidence of surrender, public acceptance, and permanent abandonment required for dedication. The plaintiffs therefore failed to show a genuine issue of material fact concerning the cannon's ownership.

Holding

  • Whether the cannon was dedicated to the public. The cannon was not dedicated to public use, and the American Legion was entitled to summary judgment as a matter of law.

Docket 00-0681

Cited authorities

  • Iowa R.App. P. 4
  • Iowa R. Civ. P. 237(c)
  • Iowa R. Civ. P. 237(c)

Cited by