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SPENCER'S MOUNTAIN v. POTTAWATTAMIE CTY.

No. 63352.

285 N.W.2d 166 (1979)

SPENCER'S MOUNTAIN, INC., an Iowa Corporation, Appellee, v. POTTAWATTAMIE COUNTY and Charles E. Hales, Pottawattamie County Engineer, Appellants.

Supreme Court of Iowa.

November 14, 1979.

Attorney(s) appearing for the Case

Kenneth E. Tyler, Asst. Pottawattamie County Atty., for appellants.

Jack W. Peters of Stuart, Tinley, Peters, Thorn, Smits & Sens, Council Bluffs, for appellee.

Considered by REYNOLDSON, C. J., and REES, HARRIS, McCORMICK, and McGIVERIN, JJ.

McCORMICK, Justice.

The question here is whether a county engineer exceeded his statutory authority and abused his discretion in refusing to approve a road plan in a rural subdivision. The trial court entered a declaratory judgment adverse to the engineer, and he and the county appealed. We reverse.

Plaintiff, Spencer's Mountain, Inc., is the developer of a forty-eight acre rural subdivision on a bluff north of Honey Creek in Pottawattamie County. The top...

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