RADOSEVICH v. CITY OF OTTUMWA

No. 53134.

173 N.W.2d 522 (1970)

Carl RADOSEVICH, William J. Treneman, Tom Graham, and Board of Park Commissioners of the City of Ottumwa, Appellees, v. The CITY OF OTTUMWA, Richard M. Hofmann, Mayor, Virgil Johnson, Jr., M. Z. Bailey, Paul Heckart, Jr., Paul Troeger, Councilmen of the City of Ottumwa; Genevieve Howard, City Clerk of the City of Ottumwa, Appellants.

Supreme Court of Iowa.

January 13, 1970.


Attorney(s) appearing for the Case

William R. Dew, City Atty., Ottumwa, for appellants.

Walter F. Johnson, of Johnson & Bauerle, Ottumwa, for appellees.


SNELL, Justice.

We are faced with a legislative anomaly arising because of the dissonant provisions of the law relating to cities and towns.

The sole question, strictly statutory, is whether the city council exceeded its authority in ordaining the abolition of the Park Board.

It should be kept in mind that we have no authority to either enact or repeal legislation. That authority is vested in the General Assembly.

In the case before us there...

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