The Village at White Birch Town Homeowners Association vs. Norandex Building Materials Distribution, Inc., RBM-II, L.C., and Wolf Construction Commericial, Inc.

IN THE SUPREME COURT OF IOWA
No. 11–1842
Filed April 4, 2014
THE VILLAGE AT WHITE BIRCH TOWN
HOMEOWNERS ASSOCIATION,
Appellant,
vs.
NORANDEX BUILDING MATERIALS DISTRIBUTION, INC.,
RBM-II, L.C., and WOLF CONSTRUCTION COMMERICIAL, INC.,
Appellees.
On review from the Iowa Court of Appeals.
Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.
Homeowners’ association seeks further review of court of appeals
decision affirming district court’s grant of summary judgment to
subcontractors. AFFIRMED BY OPERATION OF LAW.
George A. LaMarca, Ryan C. Nixon, and Philip J. DeKoster of
LaMarca & Landry, P.C., Des Moines, for appellant.
Steven K. Scharnberg and Eric G. Hoch of Finley, Alt, Smith,
Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellee
Norandex Building Materials Distribution, Inc.
Jeffrey D. Stone of Whitfield & Eddy, P.L.C., Des Moines, for
appellee RBM-II, L.C.

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William L. Dawe and Patrick T. Vint of Hopkins & Huebner, P.C.,
Des Moines, for appellee Wolf Construction Commercial, Inc.
Charles F. Becker of Belin McCormick, P.C., Des Moines, for
amicus curiae.

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PER CURIAM.
White Birch Town Homeowner’s Association (White Birch HOA)1
filed suit against various subcontractors that provided materials and
services during the construction of the Village at White Birch. The suit,
which was brought after the general contractor/developer of the
community filed for bankruptcy, alleged negligence and breach of the
implied warranty of workmanlike construction. The subcontractors
moved for summary judgment on White Birch HOA’s claims, and the
district court granted the motions. White Birch HOA appealed, and the
court of appeals affirmed the district court’s grant of summary judgment.
White Birch HOA sought, and we granted, further review.
After reviewing the record and considering the arguments
presented, the justices are equally divided. The Iowa Code provides:
“When the supreme court is equally divided in opinion, the judgment of
the court below shall stand affirmed, but the decision of the supreme
court is of no further force or authority.” Iowa Code § 602.4107 (2013).
The court, being equally divided, declares this case affirmed by
operation of law. See Iowa Code § 602.4107. For affirmance of the
decision of the court of appeals and district court judgment, Cady, C.J.,
and Waterman and Zager, JJ.; for vacation of the decision of the court of
appeals and reversal of the district court judgment, Wiggins, Hecht, and
Appel, JJ.; Mansfield, J., takes no part.
AFFIRMED BY OPERATION OF LAW.
This opinion shall not be published.
1White Birch’s individual homeowners assigned to White Birch HOA their rights
to claims and damages arising from the building defects affecting townhomes in White
Birch.

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