Rebel v. Big Tarkio Drainage District of Holt City

SHANGLER, Presiding Judge.

The plaintiff landowner sued the Big Tarkio Drainage District for money damages and injunctive relief. The count for damages alleged that the negligent failure of the District to maintain the ditch levy caused the canal water to flood and erode the land owned by plaintiff. The count for injunction was to compel the District to return the water to the constructed channel and to restore the land to the condition before encroachment. The defendant asserted the bar of limitations to the petition and moved dismissal of the action. The court sustained the motion, and the…