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GADE v. CITY OF WAVERLY

No. 49900.

101 N.W.2d 525 (1960)

Fred GADE, R. D. Maxfield, Wayland Gade and W. C. Chestnut, Appellants, v. CITY OF WAVERLY and the City Council of Waverly, Iowa, Appellees, First National Bank of Waverly, Iowa, Intervenor-Appellee.

Supreme Court of Iowa.

March 8, 1960.

Attorney(s) appearing for the Case

Zastrow, Noah & Smith, Charles City, for appellants.

Sager, Englebrecht & Hemingway, Waverly, for appellees.

Leslie & Leslie, Waverly, for intervenor-appellee.

OLIVER, Justice.

This is a proceeding by electors of the city of Waverly, to invalidate an agreement by the city council to sell Lot 5 in Block 6, original town of Waverly, which the city owned and operated as a parking lot. Section 368.40, Code of Iowa 1958, I.C.A., provides, whenever the council of any municipal corporation enters into an agreement for the sale of municipal property, any elector "shall have the right...

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