Covalt seeks extension on old hospital appeal after Frese withdraws as counsel
Signs on the old UnityPoint hospital on Main Street were placed by the City of Marshalltown after a judge awarded the property deed to the city in June. That ruling has been appealed to the Iowa Supreme Court by CD Marshalltown, which requested a 60-day extension to find “competent” legal representation.
T-R FILE PHOTO The legal battle between CD Marshalltown LLC and the city of Marshalltown over the former downtown hospital property continues as CD Marshalltown Owner Scott Covalt has requested an extension on his appeal of a judge's decision to grant the city ownership.
Signs on the old UnityPoint hospital on Main Street were placed by the City of Marshalltown after a judge awarded the property deed to the city in June. That ruling has been appealed to the Iowa Supreme Court by CD Marshalltown, which requested a 60-day extension to find “competent” legal representation.
T-R FILE PHOTO The legal battle between CD Marshalltown LLC and the city of Marshalltown over the former downtown hospital property continues as CD Marshalltown Owner Scott Covalt has requested an extension on his appeal of a judge's decision to grant the city ownership.
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The legal battle between the city and the former downtown hospital owner continues.
On Saturday, Scott Covalt, owner of CD Marshalltown, filed a request with the Iowa Supreme Court for a 60-day extension of an appeal after former attorney Chad Frese submitted a motion to withdraw on Oct. 30.
The reason for the request is to give CD Marshalltown time to find "competent" counsel who will provide proper defense.
He is also asking the court to investigate the reasons for Frese's withdrawal. The reasons were not found on the Iowa Courts Online website, but Covalt stated in the filing he "rejects all statements made by Chad Frese regarding the reasons for withdrawal and believes Chad Frese is in violation of his duty to the defendant."
Covalt ended his filing by requesting the court reject Frese's motion to withdraw.
The case ended up with the Iowa Supreme Court in Des Moines after Covalt filed an appeal of Judge Christopher Polking's June ruling granting the City of Marshalltown the property title when the defendant appeared for the non-jury trial without representation. Polking told Covalt he could not testify without an attorney.
The city is not seeking permanent ownership, but took Covalt, CD Marshalltown, Finding Serenity, AJS of Des Moines, ServiceMaster and the Marshall County Treasurer to court over neglect.
With the legal limbo, the city is not moving forward with big changes or plans for the old hospital property. However, they are ensuring windows are boarded and keeping the grounds.
It is expected that a decision on the appeal will be made sometime in May.
Contact Lana Bradstream at 641-753-6611 ext. 210 or lbradstream@timesrepublican.com.