SLAPNICKA v. CITY OF CEDAR RAPIDS

No. 51891.

139 N.W.2d 179 (1965)

C. C. SLAPNICKA, Joseph J. Kolarik and Walter Payn, Individually and as Taxpayers of the City of Cedar Rapids, Iowa, for and on behalf of themselves and all other Citizens and Taxpayers of the City of Cedar Rapids, Iowa, Appellants, v. The CITY OF CEDAR RAPIDS, Iowa, a Municipal Corporation, Robert M. L. Johnson, Mayor, Stewart Shank, Commissioner, Frank Bosh, Commissioner, Donald Gardner, Commissioner, and Harold Schaefer, Clerk of the City of Cedar Rapids, Iowa, Appellees.

Supreme Court of Iowa.

December 14, 1965.


Attorney(s) appearing for the Case

Robert C. Nelson and John B. Reilly, Cedar Rapids, for appellants.

David F. McGuire, Cedar Rapids, for appellees.


SNELL, Justice.

This is an action for declaratory judgment and judicial construction of chapter 312 of the 1962 Code of Iowa, and more specifically section 312.6 thereof. Plaintiffs' action is predicated upon the contention that the statute does not permit the expenditure of municipal road use tax funds for surveys, studies and the selection of routes for proposed roads.

From an adverse ruling and interpretation of the statute the plaintiffs appeal.

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