Evans v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie Cvrouit Court. This is a petition to sever certain territory from the city of Council Bluffs, upon the ground that the land composing said territory is wholly agricultural and farming lands, and so used and occupied, and that the same has never been used for any municipal purpose whatever, and has received no benefits or advantages by being within the corporate limits, and is not likely ever to be used for municipal purposes.,. Upon a hearing, an…
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Appeal from Pottawattamie Cvrouit Court. This is a petition to sever certain territory from the city of Council Bluffs, upon the ground that the land composing said territory is wholly agricultural and farming lands, and so used and occupied, and that the same has never been used for any municipal purpose whatever, and has received no benefits or advantages by being within the corporate limits, and is not likely ever to be used for municipal purposes.,. Upon a hearing, an order was made that the territory in question be severed. Defendant appeals.
1Opinion of the Court
Rothrock, Ch. J.
The evidence shows that the territory sought to be severed is used exclusively for agricultural and horticultural purposes. It has never been laid off in lots, and is remote from any part of the city which is so laid off. It is conceded that the' land embraced in the petition is not liable for municipal taxes. There is no evidence that the growth of the city will in the near future render it necessary that the lands in question should be platted as part of the city. All the evidence upon that point appears to us to be mere conjecture. Two railroads are built and in operation…
2Cited by8 opinions
- Young v. Salt Lake CityUtah Supreme Court · 1902
- McKeon v. City of Council BluffsSupreme Court of Iowa · 1928
- Lorimor v. Incorporated Town of LorimorSupreme Court of Iowa · 1923
- California Portland Cement Co. v. Picture Rocks Fire DistrictCourt of Appeals of Arizona · 1984
- State ex rel. Williams v. Second Judicial District Court of the State of NevadaNevada Supreme Court · 1908
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