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OAKES CONST. CO. v. CITY OF IOWA CITY

No. 64373.

304 N.W.2d 797 (1981)

OAKES CONSTRUCTION COMPANY, Appellant, v. CITY OF IOWA CITY, Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied May 7, 1981.

Attorney(s) appearing for the Case

Marion R. Neely of Neely Law Offices, Iowa City, for appellant.

John W. Hayek of Hayek, Hayek & Hayek, Iowa City, for appellee.

Considered en banc.

UHLENHOPP, Justice.

This appeal involves a question of the scope of the authority of a city council to approve or disapprove a subdivision plat. See §§ 409.1, 409.14, and 409.15, The Code 1981.

Section 409.1 of the Code provides:

Every proprietor of any tract or parcel of land of forty acres or less or of more than forty acres if divided into parcels any of which are less than forty acres and every proprietor of any tract or parcel...

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