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DICKINSON COUNTY v. CITY DEVELOP. COMM.

No. 93-859.

521 N.W.2d 466 (1994)

DICKINSON COUNTY, Iowa, Appellant, v. CITY DEVELOPMENT COMMITTEE, Appellee. VILLAGE LAKESHARES, L.P., Appellant, v. CITY DEVELOPMENT BOARD and Wahpeton City Development Committee, Appellees.

Supreme Court of Iowa.

September 21, 1994.

Attorney(s) appearing for the Case

Daniel D. Dykstra of Eidsmoe, Heidman, Redmond, Fredregill, Patterson & Schatz, Sioux City, John D. Shors, Robert J. Douglas, and Diane M. Stahle of Davis, Hockenberg, Wine, Brown, Koehn & Shors, P.C., Des Moines, and Jon M. Martin, County Atty., for appellants.

Bonnie J. Campbell, Atty. Gen., and Christie J. Scase, Asst. Atty. Gen., for appellees.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, NEUMAN, and TERNUS, JJ.

LAVORATO, Justice.

Iowa Code chapter 368 (1991) governs involuntary annexation proceedings. One of the conditions for an involuntary annexation is that the annexing city will be able to provide the territory proposed for annexation "substantial municipal services and benefits not previously enjoyed by such territory." Iowa Code § 368.17(4). The decisive issue in this involuntary annexation proceeding is whether there was substantial evidence to support a finding...

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