BACHTELL v. CITY OF WATERLOO

No. 138.

200 N.W.2d 548 (1972)

Ross L. BACHTELL and Samuel O. Christenson et al., Appellants, v. CITY OF WATERLOO, Iowa, et al., Appellees.

Supreme Court of Iowa.

September 19, 1972.


Attorney(s) appearing for the Case

Beecher, Beecher, Holmes & Rathert, Waterloo, for appellants.

Clark & Butler, Keith, Gallagher, Lybbert & Martin and L. D. Lybbert, City Atty., Waterloo, for appellees.


HARRIS, Justice.

This action was brought to test the legality of an arrangement for the construction and use of a civic center in the City of Waterloo. The trial court held the plan valid. Although we sympathize with the lofty public purpose of the enterprise we are compelled to conclude the plan to be illegal. We reverse.

Section 378A.3, The Code, authorizes cities under certain conditions "to lease from any nonprofit corporation * * * and operate a building...

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