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MILLER v. MARSHALL COUNTY

No. 00-0341.

641 N.W.2d 742 (2002)

Gregg D. MILLER, Appellant, v. MARSHALL COUNTY and Marshall County Board of Supervisors, Appellees.

Supreme Court of Iowa.

February 27, 2002.

Attorney(s) appearing for the Case

Dennis D. Jerde of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellant.

Chester C. Woodburn III of Hansen, McClintock & Riley, Des Moines, and William B. Serangeli of Smith, Schneider, Stiles, Hudson, Serangeli, Mallaney & Shindler, P.C., Des Moines, for appellees.

CADY, Justice.

Under Iowa's county home rule statute, a county is not authorized to lease real property when the lease payments are to be made payable from the general fund without first giving notice of the public's right to petition for a referendum if the principal amount of the lease exceeds certain limits based on the population of the county. See Iowa Code § 331.301(10)(e)(1), (2) (1993). This appeal requires us to decide if this statute authorizes...

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