MODERATE INCOME HOUSING v. BOARD OF REVIEW

No. 85-1700.

393 N.W.2d 324 (1986)

MODERATE INCOME HOUSING, INC., Appellant, v. BOARD OF REVIEW OF POTTAWATTAMIE COUNTY, Iowa, Appellee.

Supreme Court of Iowa.

September 17, 1986.


Attorney(s) appearing for the Case

Michael G. Reilly of Perkins, Sacks, Hannan & Reilly, Council Bluffs, for appellant.

Frank W. Pechacek, Jr., and Randy R. Ewing of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellee.

Considered by REYNOLDSON, C.J., and McGIVERIN, LARSON, SCHULTZ and WOLLE, JJ.


SCHULTZ, Justice.

In this appeal a taxpayer, a corporate property owner, commenced an equity action against a county board of review requesting the district court to order the board to reconvene and act on the taxpayer's protest to its tax assessment. Taxpayer's petition did not specifically allege it sought an order of mandamus; however, counsel in appellate argument stated that mandamus was the relief sought. The district court sustained a special appearance holding...

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