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IN RE TOWN OF AVON LAKE

No. 49375.

88 N.W.2d 784 (1958)

In the Matter of the Incorporation of the TOWN OF AVON LAKE.

Supreme Court of Iowa.

Rehearing Denied June 6, 1958.

Attorney(s) appearing for the Case

Jones & Rockwell, Des Moines, for petitioners-appellants.

James M. Stewart and R. W. Brennan, Des Moines, for intervenor, Avon Beach Inc., appellee.

James D. McKeon, Des Moines, for Board of Supervisors of Polk County, Iowa.

THOMPSON, Justice.

This appeal arises because of a judgment of the district court upon a petition for the incorporation of a proposed municipality to be known as the Town of Avon Lake. The trial court held that Chapter 180 of the Acts of the Fifty-seventh General Assembly, an amendment to Section 362.1 of the Code of 1954, I.C.A., prevented it taking further action upon a pending petition for incorporation, and entered its judgment dismissing the petition. It is the...

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