Citizens of Rising Sun v. Rising Sun City Development Committee

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 concluded substantial evidence supported the committee’s decision disapproving the Citizens of Rising Sun’s petition to incorporate…