Town of Grimes v. Adel Clay Products Co.

— The question presented is purely one of fact. Is the evidence such that we can find as a fact that plaiu-tiff has made an affirmative showing it is capable of extending ■into the territory to be annexed substantial municipal services and benefits not theretofore enjoyed by such territory, so that the proposed annexation will not result merely in increasing the revenue of plaintiff from taxation? In pertinent part, section 362.26, subsection 6, Code of Iowa, 1958, is:

“6. If the court finds that there is an affirmative showing that the municipal corporation is capable of extending into such…