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RISING SUN v. CITY DEVEL. COMMITTEE

No. 93-1820.

528 N.W.2d 597 (1995)

CITIZENS OF RISING SUN, Appellant, v. RISING SUN CITY DEVELOPMENT COMMITTEE, Appellee, City of Pleasant Hill, Iowa, Intervenor-Appellee.

Supreme Court of Iowa.

March 29, 1995.

Attorney(s) appearing for the Case

Frank Murray Smith, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., and Christie J. Scase, Asst. Atty. Gen., for appellee.

Larry Blumberg, Des Moines, for City of Pleasant Hill, intervenor-appellee.

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

McGIVERIN, Chief Justice.

Iowa Code chapter 368 (1993) establishes procedures and conditions for incorporation of a territory into a city. One condition for incorporation is that citizens seeking to incorporate must show an ability "to provide customary municipal services within a reasonable time." The respondent city development committee found and determined that petitioner Citizens of Rising Sun failed to meet this burden. On judicial review, the district court...

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