Colburn v. Wilson
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Edward L. Bryan,' Judge. An action to restrain the collection of an assessment for maintenance on the lands of the plaintiff. Maintenance assessments are special assessments, and will be set aside by the courts if it clearly appears they are not levied in accordance with benefits received. (Nampa etc. Irr. Dist. v. Brose, 11 Ida. 47A-489, 83 Pae. 499; Pioneer Irr.
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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Edward L. Bryan,' Judge. An action to restrain the collection of an assessment for maintenance on the lands of the plaintiff. Maintenance assessments are special assessments, and will be set aside by the courts if it clearly appears they are not levied in accordance with benefits received. (Nampa etc. Irr. Dist. v. Brose, 11 Ida. 47A-489, 83 Pae. 499; Pioneer Irr. Dist. v. Walker, 20 Ida. 605, 119 Pae. 304; City of Nampa v. Nampa etc. Dist., 19 Ida. 779-787, 115 Pac. 979; Boehmer v. Big Bock Creek Irr.…
1Opinion of the CourtStewart, J.
The facts as alleged in the complaint, to which a general demurrer was filed, are as follows: F. J. Col-burn is a resident land owner and taxpayer on what is known as the north side tract, in the Emmett Irrigation District, and brings this action on behalf of himself and other parties similarly interested. R. B. Wilson, C. L. Spaulding and W. H. Shane are directors of the Emmett Irrigation District, and H. O. Ilaylor is secretary of said district. The action was instituted to restrain the defendants from proceeding with the collection of the maintenance tax on plaintiff’s land for the current…
Also in this document: Concurrence.
2Cases cited2 opinions
- Shuttuck v. SmithNorth Dakota Supreme Court · 1896
- City of Nampa v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1913
3Cited by26 opinions
- Aberdeen-Springfield Canal Co. v. PeiperIdaho Supreme Court · 1999
- Escalle v. MarkNevada Supreme Court · 1919
- Hale v. McCammon Ditch Co.Idaho Supreme Court · 1952
- Nampa & Meridian Irrigation District v. BondSupreme Court of the United States · 1925
- Bush v. OliverIdaho Supreme Court · 1963
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