Legal Opinion

O'NEILL v. Leamer

Supreme Court of the United States

Decided November 29, 1915No. 33PublishedCited by 54 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. The facts, which involve the. constitutionality under the Fourteenth Amendment and other provisions of the Federal Constitution of the Drainage District Law of Nebraska, and of a tax levied thereunder, are stated in the opinion.

1Opinion of the CourtJustice Hughes

Under the laws of Nebraska (Laws 1905, ch. 161; Laws 1909, ch. 147; Cobbey, Ann. Stat., §§5561-5597; Rev. .Stat.-19-13, §§ 1797 et seq.) the District Court of the State made an order organizing “Drainage District No. 2 of Dakota County.” The lands embraced within the district lay to the southeast of the village of Jackson and consisted of about 7,000 acres of swamp lands upon which were discharged the waters of Elk Creek coming from the northwest. It was recited in the order that the drainage of these lands would be “a public utility” and would “be conducive to the public convenience, health…

2Cases cited15 opinions

  1. Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
  2. Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
  3. Pacific States Telephone & Telegraph Co. v. OregonSupreme Court of the United States · 1912
  4. Maxwell v. BugbeeSupreme Court of the United States · 1919
  5. United States v. JonesSupreme Court of the United States · 1883

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3Cited by54 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Kelo v. City of New LondonSupreme Court of the United States · 2005
  3. Armendariz v. PenmanCourt of Appeals for the Ninth Circuit · 1996
  4. Ohio Ex Rel. Bryant v. Akron Metropolitan Park DistrictSupreme Court of the United States · 1930
  5. Jones v. City of PortlandSupreme Court of the United States · 1917

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