Citizens of Rising Sun v. Rising Sun City Development Committee
Iowa Supreme Court
528 N.W.2d 597 (1995)

- Written by Darius Dehghan, JD
Facts
Citizens of Rising Sun (Rising Sun) (plaintiff) filed a petition to incorporate the territory known as Rising Sun into a city. In order to consider Rising Sun’s proposal, the Rising Sun City Development Committee (the committee) (defendant) was formed. Rising Sun submitted evidence that it would provide most customary municipal services through contracts with governmental entities or private businesses. The only services to be provided by Rising Sun itself were city-clerk services and legal services needed to establish and maintain contracts for services. Rising Sun did not submit a comprehensive plan detailing when it would be able to provide substantial services on its own. The committee rejected Rising Sun’s petition, finding that the proposed city could not provide customary municipal services within a reasonable time. Rising Sun sought judicial review of the committee’s decision. The district court upheld the committee’s decision. Rising Sun appealed.
Rule of Law
Issue
Holding and Reasoning (McGiverin, C.J.)
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