TAPESTRY VILLAGE PLACE INDEPENDENT LIVING, L.L.C., Plaintiff-Appellant/Cross-Appellee, vs. VILLAGE PLACE AT MARION, L.P., DEVELOPMENT GROUP, L.L.C., THOMAS E. MILLER, CRAIG R. MILLER, and DOUGLAS V. M

State: Iowa

Court: Court of Appeals

Docket No: 9-112 / 08-1018

Case Date: 05/06/2009

Plaintiff: TAPESTRY VILLAGE PLACE INDEPENDENT LIVING, L.L.C., Plaintiff-Appellant/Cross-Appellee,

Defendant: VILLAGE PLACE AT MARION, L.P., DEVELOPMENT GROUP, L.L.C., THOMAS E. MILLER, CRAIG R. MILLER, and DO

Preview:IN THE COURT OF APPEALS OF IOWA No. 9-112 / 08-1018 Filed May 6, 2009

TAPESTRY VILLAGE PLACE INDEPENDENT LIVING, L.L.C., Plaintiff-Appellant/Cross-Appellee, vs. VILLAGE PLACE AT MARION, L.P., DEVELOPMENT GROUP, L.L.C., THOMAS E. MILLER, CRAIG R. MILLER, and DOUGLAS V. MILLER, Defendants-Appellees/Cross-Appellants. ________________________________________________________________

Appeal from the Iowa District Court for Linn County, Patrick R. Grady and James H. Carter, Judges.

Buyer appeals and sellers cross-appeal from district court rulings in an action arising from the sale of an independent living facility. BOTH APPEALS. AFFIRMED ON

Tiernan T. Siems and Matthew V. Rusch of Erickson & Sederstrom, P.C., Omaha, Nebraska, for appellant. Paul D. Burns of Bradley & Riley, P.C., Iowa City, and Michael C. Flom and Prairie A. Bly of Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, Minnesota, for appellees.

Considered by Vaitheswaran, P.J., and Doyle and Mansfield, JJ.

2 DOYLE, J. Tapestry Village Place Independent Living, L.L.C. (Tapestry) appeals and Village Place at Marion, L.P. (Village Place), Development Group, L.L.C., Thomas Miller, Craig Miller, and Douglas Miller cross-appeal from district court rulings in an action arising from the sale of an independent living facility. We affirm the judgment of the district court. I. Background Facts and Proceedings. In 1988 Village Place and its general partner, Development Group, began construction on an eighty-unit independent living facility for senior citizens. Thomas Miller was the president of Village Place and Development Group, and his brothers, Craig and Douglas Miller, were the companies vice presidents. Construction on the building was completed in 1990. Soon thereafter, problems arose with the quality of the workmanship performed by the general contractor and its subcontractors. After the buildings "first winter season," the siding "became all wavy and . . . wrinkled" because it was improperly applied. The windows on the "front fa

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