109 Iowa 340 | Iowa | 1899
About thirty years ago the county seat or seat of justice of Hancock county was located on a block of ground known as the “Court-House Square” block, situated on the southeast one-fourth of the southwest one-fourth of section 31; township 96, range 23 W., of the fifth P. 11.; the said forty acres being known as the “Town Plat of Concord.” A small unincorporated village grew up on this town plat, and ever since the location of the county seat a court house and other county buildings have been maintained upon the court-house square or block. During the whole of the said thirty years the courts have been held at this court house, and all the official business of the county has been transacted at the seat of justice so established. In February, 1898, the citizens of the incorporated town of Britt, also located in said county, attempted to procure a relocation of the county seat at their town. While these citizens were circulating their petition, the inhabitants of the town of Gamer, which is also a municipality duly incorporated and located in Hancock county, but a short distance from the village of Concord, began proceedings to annex that village to their town. .An election was held, and the
These facts are not in dispute, and the questions presented for our solution are: Have the defendants, as the board of supervisors of Hancock county, exceeded their jurisdiction, or otherwise acted illegally, and shall they be enjoined from relocating the county seat at a point within the town limits of Gamer, as they existed before the annexation proceedings were begun?
Some of the questions suggested by these records are so well settled as to be beyond the range of controversy. First, there is no doubt that the town of Garner had the right, by proper proceedings, to annex adjacent and outlying territory, and in so doing to include the village of Concord within its limits; second, the board of superyisors had no right to relocate the county seat without following the express provisions of the statute as found in Code, sections 394-409, inclusive; third, the board had no right to purchase real estate for county purposes when the expense exceeded two thousand dollars, nor to order the erection of a court house when the probable cost would exceed five thousand dollars, without submitting the proposition to the legal voters of the county. Code, section 423. Subject to these limitations, it had the right to purchase the necessary real estate jfor the use of the county, -and to remove the site of, or to designate a new site for, any county buildings required to be at the county seat, provided thé site shall not be beyond the limits of the town, village, or city at which the county seat is located. Code, section 422, subd. 9.
I. With these questions settled, we come now to the controlling one in the case, and that is, did the board of supervisors, in making the orders hertofore recited, and purchasing
II. The limitations of section 423 of the Code, with reference to' the amount that may be expended by the board
III. Appellees further contend that neither certiorari nor injunction is the proper remedy to correct the evils
In the first case the action of the board of supervisors in ordering a relocation and change of the county seat is annulled. And in the second case the ruling on the demurrer will be reversed, and the case remanded for proceedings in harmony with this opinion. — ANNulled and Reveesed.