Gradischnig v. Polk County

RAWLINGS, Justice.

As citizens, residents, voters and taxpayers, plaintiffs brought this class action for declaratory judgment, and mandatory relief, alleging invidious voter discrimination in the existing Polk County Supervisor Districts. Defendants’ pleading-based-motion to dismiss was sustained by trial court and plaintiffs appeal. We reverse.

I. Upon entry of dismissal order plaintiffs did not plead over within the time permitted by rule 86, Rules of Civil Procedure, from which it follows they elected to stand on the record. Thus the order became a final adjudication. Hosfelt v. Lacey,…