Iowa Code

Iowa Code § 661.8 (2026)

When order granted

✓ current as of July 2026

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The order of mandamus is granted on the petition of any private party aggrieved, without the concurrence of the prosecutor for the state, or on the petition of the state by the county attorney, when the public interest is concerned, and is in the name of such private party or of the state, as the case may be in fact brought. [R60, §3761; C73, §3377; C97, §4345; C24, 27, 31, 35, 39, §12447; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.8]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1956–2024 · leading case: Claussen v. Perry, 79 N.W.2d 778 (Iowa 1956).

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Claussen v. Perry, 79 N.W.2d 778 (Iowa 1956). · cites it 4× “Section 661.8, 1954 Code, provides as follows: “The order of mandamus is granted on the petition of any private party aggrieved, without the concurrence of the prosecutor for the state, or on the petition of the state by the county attorney, when the public interest is…”

State Ex Rel. Johnson v. Allen, 569 N.W.2d 143 (Iowa 1997). · cites it 2× “” Iowa Code § 661.8 (emphasis added). This statute obviously contemplates the “ex rel.”

Linn Cnty. Auditor Joe Miller v. Iowa Voter Reg. Comm'n (Iowa 2024). · cites it 2× “2d 143, 145 (Iowa 1997) (quoting Iowa Code § 661.8 ). Public entities and public officers may have standing to protect their own institutional interests.”

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