MIMG CLXXII Retreat on 6th, LLC v. Nathan Williams and Parties in Possession

In the Iowa Supreme Court
No. 23–0672
Submitted December 17, 2024—Filed January 24, 2025
Amended April 8, 2025
MIMG CLXXII Retreat on 6th, LLC,
Appellant,
vs.
Nathan Cortez Williams and Parties in Possession,
Appellees.
Appeal from the Iowa District Court for Linn County, Lars G. Anderson,
judge.
Reversed and Case Remanded.
Per curiam.
Mark E. Weinhardt (argued) of The Weinhardt Law Firm, Des Moines, for
appellant.
Patrick Bigsby (argued), Melanie N. Huettman, and Alexander V. Kornya
of Iowa Legal Aid, Des Moines, for amicus curiae Iowa Legal Aid.
Jodie C. McDougal and Jackson G. O’Brien of Fredrikson & Byron, P.A.,
Des Moines, for amici curiae Greater Iowa Apartment Association; Iowa
Manufactured Housing, Association; Landlords of Iowa, Inc.; Central Iowa
Property Association; Dubuque Area Landlords Association, Inc.; Fort Dodge
Area Landlord’s Association; Iowa City Apartment Association, Inc.; Landlords of
Linn County; Marshalltown Rental Property Association; Muscatine Landlord
Association, Inc.; North Iowa Landlords Association; Pottawattamie County
Landlord Association; Siouxland Rental Association, Inc.; Southeast Iowa

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Property Owners; Wapello County Area Chapter Landlords Association; and
Conlin Properties, Inc.

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Per Curiam.
This case involves the same questions that were decided in MIMG CLXXII
Retreat on 6th, LLC v. Miller, 16 N.W.3d 489 (Iowa 2025). In May 2022, Nathan
Williams entered into a residential lease for an apartment owned by MIMG
CLXXII Retreat on 6th, LLC (The Retreat) in Cedar Rapids. Williams defaulted as
to rent and was served with a three-day notice to quit in December. The Retreat
then brought a forcible entry and detainer action in the small claims division of
the district court. See Iowa Code §§ 648.1, .22 (2022). Williams did not appear
at the hearing. However, because The Retreat qualifies as a “covered dwelling”
under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the
magistrate concluded that a thirty-day notice was required and dismissed the
case. See 15 U.S.C. § 9058. The Retreat appealed and the district court affirmed.
We granted The Retreat’s application for discretionary review. We invited Iowa
Legal Aid to file an amicus brief and to argue in support of the decision below.
Iowa Legal Aid did so.
For the reasons set forth in Miller, we now reverse the judgment of the
district court and remand for further proceedings consistent with Miller.
Reversed and Case Remanded.
This opinion shall not be published.

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