Legal Opinion

Denny v. Des Moines County

Supreme Court of Iowa

Decided July 2, 1909PublishedCited by 36 opinions

Appeal from' Des Moines District Court. — Hon. W. S. Withrow, Judge. The plaintiffs petitioned the board of supervisors of Des Moines County to establish a drainage district covering certain described land belonging to them and others. An engineer appointed by the board presented his report, recommending • the establishment of a drainage district of twenty-eight- thousand acres within the territory of the defendant county.

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Appeal from' Des Moines District Court. — Hon. W. S. Withrow, Judge. The plaintiffs petitioned the board of supervisors of Des Moines County to establish a drainage district covering certain described land belonging to them and others. An engineer appointed by the board presented his report, recommending • the establishment of a drainage district of twenty-eight- thousand acres within the territory of the defendant county. Remonstrances were filed signed by one hundred and fourteen persons, and, proper notices having been served, a hearing was had before the board, which as a result of said…

1Opinion of the CourtMcClain, J.

The proceedings provided by Acts 30th General Assembly, chapter 68, as amended by Acts 32d General Assembly, chapter 94 (Code Supp. 1907, section 1989al et seq.), so far as involved in the determination of the questions presented in this case, are substantially as follows:

A petition signed by one or more of the landowners whose lands are to be affected by the proposed improvement, accompanied by a bond for the payment of all costs and ex-*468ponses incurred in the proceedings m case the supervisors do not grant the prayer of the petition, may be filed with the county auditor, describing the…

2Cases cited16 opinions

  1. Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
  2. State ex rel. White v. BarkerSupreme Court of Iowa · 1902
  3. State ex rel. Luley v. SimonsSupreme Court of Minnesota · 1884
  4. Callen v. City of Junction CitySupreme Court of Kansas · 1890
  5. City of Burlington v. LeebrickSupreme Court of Iowa · 1876

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3Cited by36 opinions

  1. In Re City of PhoenixArizona Supreme Court · 1938
  2. State Ex Rel. Klise v. Town of RiverdaleSupreme Court of Iowa · 1953
  3. Independent School District v. County Board of EducationSupreme Court of Iowa · 1959
  4. Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
  5. In Re Appeal of Beasley Bros.Supreme Court of Iowa · 1928

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