Legal Opinion

Jensen v. Zurmuehlen

Supreme Court of Iowa

Decided March 11, 1919PublishedCited by 3 opinions

Appeal from Pottawattamie District Court. — Shelby Cullison, Judge. Action of mandamus brought against the defendants as city council of Council Bluffs, by the plaintiffs as the waterworks trustees of said city. The petition was dismissed by the district court, and plaintiffs have appealed.

1Opinion of the CourtEvans, J.

Plaintiffs’ action is predicated upon Chapter 5 of Title V of the Code and Supplement. This chapter comprises Sections 742 to 750, inclusive. It authorizes cities *594of the first class, upon a majority vote of the electors, to erect or purchase waterworks, and to issue bonds therefor. Among the general powers conferred by Chapter 4 of said Title V upon cities and towns, Section 724, Code Supplement, 1913, specifies the power to assess water rates and rentals, and to levy a tax for the maintenance and operation of waterworks.

Section 894 (Sub. 5), Code Supplement, 1913, provides for a special tax,…

2Cases cited2 opinions

  1. J. W. Edgerly & Co. v. City of OttumwaSupreme Court of Iowa · 1916
  2. Martin-Strelau Co. v. City of DubuqueSupreme Court of Iowa · 1910

3Cited by3 opinions

  1. Corning v. Iowa-Nebraska Light & Power Co.Supreme Court of Iowa · 1938
  2. Muscatine Lighting Co. v. City of MuscatineSupreme Court of Iowa · 1928
  3. Saltzman v. City of Council BluffsSupreme Court of Iowa · 1932

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