Lemon v. City of Muscatine

HARRIS, Justice.

Muscatine is one of the few special charter cities in Iowa. Statutory provisions for special charter cities appear in chapter 420, The Code. One provision, § 420.45, requires that, before certain suits can be brought against the city, notice must be “ . presented to the council or filed with the clerk within 30 days after . . . injury or damage . . . .”

Time requirements under § 420.45 contrast sharply with those provided for all other municipalities in § 613A.5, The Code. Under § 613A.5 the notice is timely if given within 60 days.

Although the plaintiff gave proper notice…