Legal Opinion

Mapel v. Board of Supervisors

Supreme Court of Iowa

Decided April 6, 1917PublishedCited by 2 opinions

Appeal from Oalhoun District Court. — E. G. Albert, Judge. The board of said county established a drainage district known as No. 198. The appellants, 23 in number, filed objections before the board of supervisors to the establishment of said district. The objections were not all on the same grounds. Some of them raised certain questions, and others different questions. The objection of some of the appellants covers the question presented here for determination.

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Appeal from Oalhoun District Court. — E. G. Albert, Judge. The board of said county established a drainage district known as No. 198. The appellants, 23 in number, filed objections before the board of supervisors to the establishment of said district. The objections were not all on the same grounds. Some of them raised certain questions, and others different questions. The objection of some of the appellants covers the question presented here for determination. The objection argued and relied upon in this court involves the question as to whether the cost of construction is excessive, and a…

1Opinion of the CourtPreston, J.

Drains : establishment : appeal: excessive cost: burden of proof. There are about 11,710 acres included in the district, and the cost for the improvement, with laterals, including damages allowed, is about $71,000. The board of supervisors found, in the order establishing the district, that the cost of construction would not be excessive, and that the improvement would be conducive to the public health, convenience, and to the public benefit and utility, and was a necessity. District No. 198 includes one or more smaller districts, which had been before established. In 1902 or 1903, a drainage…

2Cases cited12 opinions

  1. Zinser v. Board of SupervisorsSupreme Court of Iowa · 1907
  2. Hartshorn v. Wright County District CourtSupreme Court of Iowa · 1909
  3. In re the Location & Establishment of Drainage District No. 3Supreme Court of Iowa · 1909
  4. Lyon v. Board of SupervisorsSupreme Court of Iowa · 1912
  5. Appeal of Focht v. Board of SupervisorsSupreme Court of Iowa · 1909

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3Cited by2 opinions

  1. Midkiff v. CarterCourt of Appeals of Kentucky · 1920
  2. Harker v. Board of SupervisorsSupreme Court of Iowa · 1917

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