Iowa Code

Iowa Code § 368.12 (2026)

Dismissal

✓ current as of July 2026

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The board may dismiss a petition only if it finds that the petition does not meet the requirements of this chapter, or that substantially the same incorporation, discontinuance, or boundary adjustment has been disapproved by a committee formed to consider the proposal, or by the voters, within the two years prior to the date the petition is filed with the board, or that the territory to be annexed, or a portion of that territory, has been voluntarily annexed under section 368.7. The board shall file for record a statement of each dismissal and the reason for it, and shall promptly notify the parties to the proceeding of its decision. [C75, 77, 79, 81, §368.12] 91 Acts, ch 250, §7 Referred to in §368.3, 368.20

Notes of Decisions

Cited in 3 cases, 1983–2001 · leading case: City of Des Moines v. City Dev. Bd., 473 N.W.2d 197 (Iowa 1991).

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City of Des Moines v. City Dev. Bd., 473 N.W.2d 197 (Iowa 1991). “Sections 368.12, .16 and .17 apply to section 368.”

Dunn v. City Dev. Bd. of Iowa, 623 N.W.2d 820 (Iowa 2001). · cites it 2× “At that point, the board has two choices: (1) it may dismiss the petition under section 368.12 because it “does not meet the requirements of this chapter” or a similar proposal has been rejected within the past two years; or (2) if the board does not dismiss the petition, it is…”

City of Des Moines v. City Dev. Bd., 335 N.W.2d 449 (Iowa Ct. App. 1983). “We believe that sections 368.12, .16 and .17 apply to section 368.”

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