Schwarz Farm Corp. v. Board of Sup. of Hamilton Co.

LeGRAND, Justice.

This appeal involves a drainage problem which has been before the courts of Hamilton County, off and on, since 1960. It is necessary to review this past litigation before reaching the specific matters critical to our decision.

I. By several transactions in 1955 and 1956, Emil Schwarz, plaintiff’s predecessor in title, purchased 1600 acres of land in Hamilton County comprising part of Drainage District No. 71 (hereinafter called District 71), which had been established in 1910 under what is now chapter 455, The Code. Later he conveyed his interest to plaintiff, a corporation…