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CITY OF BETTENDORF v. MORITZ

No. 10-1202.

798 N.W.2d 344 (2011)

CITY OF BETTENDORF, Iowa, Petitioner-Appellee, v. Scott County Auditor Roxanna MORITZ and Scott County, Iowa, Respondents-Appellants.

Court of Appeals of Iowa.

April 13, 2011.

Attorney(s) appearing for the Case

Roland M. Caldwell of Scott County Auditor's Office, and Robert Cusack of Scott County Attorney's Office, Davenport, for appellants.

Gregory S. Jager , Bettendorf, for appellee.

Heard by VOGEL, P.J., and DOYLE and TABOR, JJ.

VOGEL, P.J.

The Scott County Auditor, Roxanna Moritz, together with Scott County, Iowa, (the County Auditor), appeal from the district court's ruling interpreting Iowa Code section 69.12 (2009) in favor of the City of Bettendorf, Iowa (the City). The parties disagree as to when a person appointed to fill a vacancy on an elected municipal board would be required to stand for election. Because we find section 69.12 defines "pending election" to include a general election...

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