TOWN OF MECHANICSVILLE v. STATE APPEAL BOARD

No. 50486.

111 N.W.2d 317 (1961)

TOWN OF MECHANICSVILLE, a Municipal Corporation, Appellee, v. STATE APPEAL BOARD of the State of Iowa, and Marvin R. Selden, Jr., Chairman, and M. L. Abrahamson and C. B. Akers, Members of the State Appeal Board, Defendants, and Mrs. Helen Simpson, Mrs. Beula East, Mrs. Merle O'Connor, Joe Cruse, and Mrs. Velma E. Taylor, Intervenors-Appellants.

Supreme Court of Iowa.

October 17, 1961.


Attorney(s) appearing for the Case

Rees, Remley & Heiserman, and James T. Remley, Anamosa, for intervenors-appellants.

Sebesta & Kuehnle, Mechanicsville, and Brunk, Janss & Dreher, Des Moines, for appellee.

Evan L. Hultman, Atty. Gen., Oscar Strauss and Wilbur Bump, Asst. Attys. Gen., for State Appeal Board and its members, defendants not appearing.


GARFIELD, Chief Justice.

The question presented is whether, as the district court held, the state appeal board (herein called "board") exceeded its jurisdiction in disapproving proposed street improvements in plaintiff Town of Mechanicsville. From decree annulling the board's decision certain taxpayers in the town who intervened in the certiorari action in the district court have appealed to us.

A resolution of necessity was introduced in the Mechanicsville...

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