City of Des Moines v. Lampart

Before proceeding to a discussion of the record in the instant case, we deem a preliminary discussion of the Code section (362.26), the constitutionality of which is involved, will be helpful. This is especially true because it was materially amended (effective July 4, 1953) by Acts of the Fifty-fifth General Assembly. The amendment changed what was formerly paragraph 3 of the old section to what is now paragraph 6. The old section had just been held unconstitutional because it left to the court the determination of the desirability of the proposed annexation without prescribing the…