The court did not halt the vote. On January 7, 1956 the residents of Youngstown voted to become the Town of Pleasant Hill. The event was important news, meriting a photograph in the "Des Moines Tribune." A majority of 138 to 7 votes cast were for incorporation.
Tribune: "Pleasant Hill will never be a town"
That did not end the court battle, however. Two days later on January 9, Assistant County Attorney McKeon announced that the county would fight the incorporation "clear to the supreme court, if necessary." The Polk County supervisors felt the people of Pleasant Hill and Ipalco were trying to reduce their taxes through becoming a town. An editorial in the January 10, 1956 "Des Moines Tribune" agreed. The editorial writer felt that Pleasant Hill "was not a town now, nor is there any likelihood that it will ever by a town." According to the editorial the 84 homes and the population of 323 were insufficient to provide services The only purpose in incorporation was to reduce taxes, according to the writer, who felt that a solution to the tax problem "won't be found in shifting the tax burden by the incorporation of rural or industrial areas into phony towns."
Despite the cries of unfair, the five Pleasant Hill commissioners filed a report on January 23, 1956 with the district court. They showed evidence that all proper election procedures, such as giving notices of election, were followed. They also reported that a majority of the voters favored a new town.
In a lengthy hearing before Judge Ray C. Fountain on January 25, the effort to halt incorporation became more complicated. The lawyer for the people of Pleasant Hill, Donald Beving, not only had to contend with the Polk County Board of Supervisors trying to halt the town but also with twenty persons who wanted the January 7 vote thrown out because they were not included in the new town. Judge Fountain did not go along with the arguments from the supervisors nor the interveners.
McKeon, the county’s lawyer, contended that the county would lose $170,000 in taxes if the town became a reality. He said that the required three notices of incorporation vote were not given. Beving said that the court was not the proper place for the county's action. Not having the third election notice was the fault of the newspaper, Beving said, and besides, 145 of the 175 eligible voters turned out for the election. "lf all the others who failed to vote had voted in opposition," he added, “the proposal still would have carried by a wide margin."
The people who wanted to be part of Pleasant Hill wanted another vote on incorporation. Headed by Clyde Herring, the group felt that it was unfair for their 81.5 acres to be left out of the town. Again, Beving said that the proper procedure was not followed by the group, and the intervention by Herring and the others should be ignored. The judge agreed.
Supervisors Give Up
On February 3, 1956, the county supervisors decided they could not win. They asked Judge Fountain to strike their petition. The motion was granted. There was no legal hindrance from then on to the formation of the town.
Once the injunction request was removed, the court approved the commissioners' report. On February 6 the court ordered that an election of town officers be held. Two weeks later three of the commissioners, Faust, Bianchi, and Hurd, resigned from their positions. The court filled the vacancies with Robert West, O. L. Churchill, and Imogene Warren.
May 5 was the day set for election of officers. The positions of mayor, treasurer, and five council members were to be filled. The election resulted in Rudy A. Bechtold being chosen as mayor and Victor Peterson as treasurer. The councilmen elected were Murry Witzenburg, Alvin Peterson, Robert Shutt, Joe Pierick, and Clarence Christian.