SLATER v. INCORPORATED TOWN OF ADEL

No. 67225.

324 N.W.2d 482 (1982)

Jerry Dwayne SLATER, William T. Loraine and All Others Similarly Situated, Appellants, v. The INCORPORATED TOWN OF ADEL, Iowa, and Adel Council Members, Robert Ockerman, James Greenslade, Richard Peterson, Shirley McAdon, and Jerry Roberts, City Clerk, Appellees.

Supreme Court of Iowa.

September 29, 1982.


Attorney(s) appearing for the Case

Elizabeth W. Duncan, Adel, for appellants.

John O. Reich, Adel, for appellees.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, McGIVERIN and CARTER, JJ.


McGIVERIN, Justice.

Plaintiffs appeal from summary judgment dismissing their petition to test the regularity of procedure and legality of a special assessment district for street improvements in Adel. Iowa Code § 384.66 (1981). Two main issues involving compliance with chapter 384 are raised: 1) whether plaintiffs received adequate notice and a fair hearing; and 2) whether a unanimous vote was required to pass the improvement ordinance. We find that trial court...

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