Burlington cow poop case avoids trial with neighbors’ settlement

Oct. 10--The feud between Burlington neighbors over a barking dog and cow poop has been resolved without the need for a jury trial.

Documents filed recently in Des Moines County District Court show the neighbors have resolved their disputes -- legally, at least.

The squabble between Mary Elizabeth Eipert and Steve Rowland and their neighbors, Kimberly and Carlos Capdevila, began after Eipert and Rowland complained numerous times to police about the Capdevillas' dog, a Great Pyrenees. They claim the dog's barking was a nuisance and its incessant noise disrupted their quiet lives in south Burlington.

The dispute, which lasted almost three years, became public when Eipert and Rowland received a "quart of cow poop via priority mail" at their residence. The package was anonymously sent, but Eipert and Rowland soon discovered it was sent to them by Kim Capdevila.

Rowland said he initially thought it was a three-pound package of sprouted flour, a health food ingredient he recently ordered, but instead found the cow dung.

Kim Capdevila later admitted paying a web-based company, poopsenders.com, to send the dung anonymously as a joke.

Eipert and Rowland filed a lawsuit several weeks later in Des Moines County District Court, claiming they had been harassed by the Capdevilas since Nov. 1, 2010, reaching a high point in December 2014 when they received the package of poop.

The Capdevilas later filed a counter lawsuit against Eipert and Rowland, claiming defamation of character, harassment, invasion of privacy and interference with the Capdevilas' insurance business.

Eipert and Rowland admitted to filing a formal complaint with American Family Mutual Insurance Company's home office, claiming Carlos Capdevila and his wife were harassing them. Carlos Capdevila is an independent contractor in Burlington with American Family Mutual Insurance Company.

The civil lawsuits were scheduled to go to jury trial this fall in Des Moines County District Court.

However, District Judge Mary Ann Brown recently met with the couples and their attorneys to negotiate a settlement. Eipert and Rowland were represented by Curtis Dial and the Capdevilas were represented by Richard Bartolomei.

"As a result of that settlement conference, the matter has been resolved," Brown wrote in an order she filed in district court. "Based upon the settlement, the following observations and acknowledgements have been made."

The settlement includes:

--The Capdevilas agree that at any time their dog, or any dog that they have in the future, is outside of their residence it will wear a functioning bark collar to control its barking;

--The Capdevillas acknowledge it was inappropriate to have "imitation feces" shipped to the Eipert and Rowland residence;

--Eipert and Rowland acknowledge it was inappropriate for them to send a letter to American Family Insurance with complaints about the Capdevilas.

As a result of the resolution reached between the two parties, they will both dismiss their lawsuits and individually pay court costs, Brown said.

She also said the parties have agreed no other statements will be made about the case or settlement.

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