STATE v. CITY OF ALTOONA

No. 61302.

274 N.W.2d 366 (1979)

STATE of Iowa ex rel. Richard C. TURNER, Attorney General, Appellee, v. The CITY OF ALTOONA, Appellant.

Supreme Court of Iowa.

January 24, 1979.


Attorney(s) appearing for the Case

Ed Skinner, P. C., Altoona, for appellant.

Richard C. Turner, Atty. Gen., and Julian B. Garrett, Asst. Atty. Gen., for appellee.

En banc.


LeGRAND, Justice.

This is a contest between the state and one of its municipalities brought by the Attorney General to enjoin the defendant city from collecting a late-payment charge authorized by ordinance on bills issued by the city-owned waterworks. The city appeals from a decree finding the ordinance violates the Iowa usury statute contained in Chapter 535, The Code, 1977. We reverse and remand.

The pertinent part of the ordinance is as follows:

...

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