Creery v. Town of Okoboji

The only question in this case is whether or not under the law and the evidence the plaintiffs were entitled to have certain territory in the defendant corporation severed therefrom.

The action is brought under section 5617 of the Code which provides that:

“Territory may be severed from any city or town by proceeding as follows: 1. A majority of the resident property owners of such territory or the city or town may bring suit in equity in the district court therefor. * * * 2. If the court finds that such territory, or any part thereof, shall be severed from any city or town, it shall thereupon…