State ex rel. Mercer v. Incorporated Town of Crestwood, 49112

• Court: Iowa Supreme Court
• Writing for the Court: PER CURIAM
• Citation: State ex rel. Mercer v. Incorporated Town of Crestwood, 248 Iowa 627, 81 N.W.2d 452 (Iowa 1957)
• Decision Date: 08 March 1957
• Docket Number: No. 49112,49112
• Parties: STATE of Iowa ex rel. D. P. MERCER, Appellee, v. The INCORPORATED TOWN OF CRESTWOOD et al., Appellants.

Page 452

81 N.W.2d 452

248 Iowa 627

STATE of Iowa ex rel. D. P. MERCER, Appellee, v. The INCORPORATED TOWN OF CRESTWOOD et al., Appellants.

No. 49112.

Supreme Court of Iowa.

March 8, 1957.

Joseph M. Coppola, Anthony M. Critelli, and James V. Sarcone, Des Moines, for appellants.

Warren Fletcher, Des Moines, John Fletcher, Geo. A. Rice, and Geo. W. Rice, Mapleton, for appellees.

PER CURIAM.

The opinion previously filed herein is supplemented by adding thereto the following:

This cause is remanded to the District Court of Polk County, with directions that it permit appellant, Town of Crestwood, as a de facto Municipal Corporation, to operate the Town until December 31, 1957, and the proper operation of said Town by said de facto Corporation is to be approved by said Court.

In the operation of said de facto town it shall have the right to receive the taxes in 1957, already levied in 1956, and pay therefrom its indebtedness, and cost of operation until December 31, 1957.

Said Court shall retain jurisdiction to settle any question as to disposition of any balance in the...