Roby v. Shunganunga Drainage District

*755The opinion of the court was delivered by

Benson, J.:

The plaintiffs are owners of several tracts of land within the Shunganunga drainage district, organized under the provisions of the drainage law (Laws 1905, ch. 215), and seek to enjoin the collection of special assessments upon their property made by the district board under that law. The plaintiffs allege that the assessments are void because their lands, although situated within the district, “are not, never have been and can never be subject to overflow,” and lie from twenty to forty feet above flood overflow or high-water mark. The…