Burlington Northern Railroad v. Board of Supervisors of Adair County

I dissent.

It is manifestly inappropriate to try the issues of the present controversy in a mandamus action. I submit that the majority’s failure to recognize this stems, at least in part, from a mistaken belief that we are dealing with liquidated amounts for which the various boards of supervisors could have ordered warrants. This was clearly not the case.

The United States district court which granted plaintiff relief made it clear that this was only prospective declaratory and injunctive relief. See Burlington N.R.R. v. Bair, 584 F.Supp. 1229, 1242 (S.D.Iowa 1984). The limitations which…