TOTT v. SIOUX CITY

No. 52731.

155 N.W.2d 502 (1968)

Julia M. TOTT, Appellee, v. SIOUX CITY, Iowa, Appellant.

Supreme Court of Iowa.

January 9, 1968.


Attorney(s) appearing for the Case

Ernest Turek and Donald W. Sylvester, Sioux City, for appellant.

William A. Shuminsky, Sioux City, for appellee.


STUART, Justice.

Plaintiff, Julia M. Tott, brought this action in equity to compel the City of Sioux City to open and improve a dedicated street abutting plaintiff's lots which had been accepted by the city. The question on appeal is whether mandamus will lie to compel a city council to open such street. The district court imposed a mandatory duty upon the defendant city to open, improve, grade, and make a roadway of an...

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