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SMITH v. CITY OF FORT DODGE

No. 53033.

160 N.W.2d 492 (1968)

Lawrence J. SMITH, Merritt E. Skidmore, George G. Hendricks, Appellants, v. The CITY OF FORT DODGE, Iowa, Albert Habhab, Mayor, Edmund Gillespie, Commissioner, and Lawrence Crowley, Commissioner; Joseph E. Brown and Glenn Machovec, Appellees.

Supreme Court of Iowa.

July 18, 1968.

Attorney(s) appearing for the Case

Johnson, Burnquist, McCormick & Erb, Fort Dodge, for appellants.

McCarville & Bennett, Fort Dodge, for appellees Joseph E. Brown and Glenn Machovec.

Donald J. Mitchell, Fort Dodge, for appellees Albert Habhab, Edmund Gillespie, Lawrence Crowley, and City of Fort Dodge.

LARSON, Justice.

On September 10, 1957, the City of Fort Dodge, Iowa, enacted Ordinance No. 1126 creating a city plan commission under the authority granted it by chapter 373, Code of 1954. In substance, the ordinance was identical to the code provisions of chapter 373. The pertinent provisions of section 373.1 state: "The council of each city and town may by ordinance provide for the establishment of a city plan commission for such municipality, consisting of not...

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