130 Iowa 164 | Iowa | 1906
The plaintiffs petition in certiorari makes a showing substantially as follows: The county of Bremer adjoins the county of Black Hawk, and on November 11, 1902, the hoard of supervisors of the latter county in regular meeting assembled adopted a resolution providing for the construction of a steel truss bridge across the Shell Bock river on the highway between said counties, and appropriating a sum of money from the bridge fund of said county to pay one-half the cost or expenses of the structure, provided, however, that the county of Bremer should contribute one-half of such cost or expense, and that the total cost should not exceed $4,000. It was also at the same time further ordered that the county engineer he instructed to prepare plans and specifications for the bridge and submit them for the approval of the boards of supervisors of the two counties at their June session, 1903. Upon this action being taken, the board of supervisors of Black Hawk county caused notice thereof, with a copy of the resolutions adopted, to be sent to the board of supervisors . of Bremer county, and on the 8th day of December thereafter the latter board adopted a resolution for the erection of said bridge and to pay one-half of the cost thereof, provided Black Hawk county pay one-half such costs, and that the total cost do not exceed $4,000. In .both
Whereas. The board of supervisors of Black Hawk county, Iowa, at their November session, 1902, did adopt a resolution whereby it was agreed upon to build, jointly with Bremer county, a steel truss bridge on tubular piers with pile approaches across the Shell Rock river on the road located by the board of supervisors of this county, November 10, 1902, in section 4, township 90, range 14, west of the 5th P. M., and whereas no plans or specifications for said bridge have been presented and no contract has been entered into; therefore be is resolved; that owing to the depleted condition of the bridge fund of Black Hawk county, and the amount of expense that would be required to erect a satisfactory steel bridge as agreed upon, we, the Board of Supervisors of Black Hawk county, deem it expedient to defer the erection of said bridge until some future time. Resolved that the actions of the board of supervisors, at their November session, 1902, in regard to said, bridge be, and the same is hereby rescinded.
To reverse or annul the action of said board of supervisors in adopting the foregoing resolutions, the plaintiff, Bremer county, brought an action in certiorari in the district court of Black Hawk county, setting out the facts we have hereinbefore rehearsed. To said action the defendants appeared and moved to quash the writ and dismiss the proceedings on grounds as follows:
Hirst. The allegations of the petition and the facts. as disclosed by the record did not entitle the plaintiff to*167 the writ of certiorari in this cause. Second. The allegations of the petition fail to show that the defendants in this case by any action of theirs as set forth in said petition exceeded their proper jurisdiction or otherwise acted illegally. Third. The plaintiff, if in any way injured or affected by the action of the defendants as complained of in the petition of plaintiff, has another plain, speedy, and adequate remedy, and consequently is not entitled to the issuance of a writ of certiorari. Fourth. As disclosed by the allegations of the petition and the record in this case, certiorari is not the proper remedy.
This motion having been sustained by the trial court and proceedings dismissed, the plaintiff appeals.
It follows from what we have said that the motion to quash should have been overruled, and the cause must therefore be remanded to the trial court for further proceedings in harmony with the views here expressed.— Reversed.