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TOWN OF GRIMES v. ADEL CLAY PRODUCTS CO.

No. 51144.

126 N.W.2d 270 (1964)

TOWN OF GRIMES, a municipal corporation of Polk County, Iowa, Appellant, v. ADEL CLAY PRODUCTS CO. et al., Appellees.

Supreme Court of Iowa.

February 11, 1964.

Attorney(s) appearing for the Case

Wisdom, Sullivan & Golden, Des Moines, for appellant.

Emmert, Lindgren, Eller & Miller and Gibson, Stewart & Garrett, Des Moines, for appellees.

Evan L. Hultman, Atty. Gen., for State of Iowa.

Harry Perkins, County Atty., and C. L. Becker, Asst. County Atty., for Polk County.

THORNTON, Justice.

The question presented is purely one of fact. Is the evidence such that we can find as a fact that plaintiff has made an affirmative showing it is capable of extending into the territory to be annexed substantial municipal services and benefits not theretofore enjoyed by such territory, so that the proposed annexation will not result merely in increasing the revenue of plaintiff from taxation? In pertinent part, section 362.26, Code of Iowa, 1958...

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