Young v. Wiggins

Brailsford, Justice.

This is an action to enjoin the directors of Ebenezer Community Watershed District from condemning certain lands belonging to plaintiffs. After a full hearing, an injunction was granted by the circuit court, upon the ground that the proposed taking was not for a public use. This appeal by the directors of the district followed.

The district was organized as a subdistrict of the Florence Soil Conservation District under a special act of the General Assembly, No. 1085 for 1958. 50 St. at Large, p. 2344. The circuit court found that the procedures required for the organization…