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EDGE v. BRICE

No. 50524.

113 N.W.2d 755 (1962)

J. W. EDGE and Motor Club of Iowa, an Iowa Corporation, Appellants, v. Robert L. BRICE, Harold J. Teachout, William N. Nicholas, Jo S. Stong, and Harry J. Bradley, Jr., as Members of the State Highway Commission of the State of Iowa, and the State Highway Commission of the State of Iowa: Quentin J. Love, Auditor of the State Highway Commission; Glenn D. Sarsfield, State Comptroller of the State of Iowa; and M. L. Abrahamson, Treasurer of the State of Iowa, Appellees, Board of Water Works of the City of Des Moines, Iowa, Intervenor, Northern Natural Gas Company, Intervenor, Northwestern Bell Telephone Company, Intervenor.

Supreme Court of Iowa.

March 6, 1962.

Attorney(s) appearing for the Case

Lambach, Shorey & Plath, Davenport, for appellants.

James E. Thomson, Ames, for appellee Iowa State Highway Commission.

Dickinson, Throckmorton, Parker, Mannheimer & Raife, by Robert B. Throckmorton and John R. Mackaman, Des Moines, for intervenor Board of Water Works Trustees of City of Des Moines.

Smith, Peterson, Beckman & Willson, Council Bluffs, for intervenor Northern Natural Gas Co.

William F. McFarlin, Des Moines, and Clark & Clark, Ames, for intervenor Northwestern Bell Tel. Co.

THORNTON, Justice.

Plaintiffs bring this action as taxpayers seeking a declaration chapter 205 of the Acts of the 58th General Assembly I.C.A. § 306A.10 et seq., is unconstitutional and to restrain defendant highway commission from making reimbursements under chapter 205. Three public utilities have intervened. The trial court held chapter 205 constitutional and dismissed plaintiffs' petition. They appeal.

This case finds its origin in the federal interstate...

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