COLLIER v. SWEDE, L.L.C

EISENHAUER, J.

Michael Collier appeals the district court's dismissal of his nuisance claim. Nuisance cases can be tried at law or in equity. Woody v. Machin, 380 N.W.2d 727, 731 (Iowa 1986). "Our review of the court's decision after trial is governed by how the case was tried in the district court." Howard v. Schildberg Const. Co., 528 N.W.2d 550, 552 (Iowa 1995). Collier's petition was filed in equity and both parties assert de novo appellate review is appropriate. However, the trial judge ruled on objections, the "hallmark of a law trial." See Sille v. Shaffer, 297 N.W.2d 379, 380-81 (Iowa 1980). While we "disapprove of the practice of making evidentiary rulings in equity cases, the fact that the trial judge did so does not automatically transform an equity case to one at law." Howard, 528 N.W.2d at 552 (noting neither party claims that the trial court improperly excluded evidence). We conclude the trial court's ruling on objections under the circumstances of this case does not prevent a de novo review.

Upon de novo review, we agree with the court's reasoning, its conclusions under the facts presented, and its application of the law. Accordingly, we affirm pursuant to Iowa Rule of Appellate Procedure 6.1203( a), ( d).