Legal Opinion

In re Drainage Ditch No. 12

South Dakota Supreme Court

Decided April 25, 1921No. File No. 4773PublishedCited by 2 opinions

In the Matter of 'Drainage Ditch No. 12, Minnehaha County, South Dakota. Appeal of Myrtle F. Jones and others. From an order of the county commissioners of Minnehaha County establishing the drainage ditch in controversy, contestants, Myrtle F. Jones and others, appealed to the Circuit Court, which court made findings and rendered judgment for petitioners; from which judgment and from an order denying a new trial, protestants appeal.

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In the Matter of 'Drainage Ditch No. 12, Minnehaha County, South Dakota. Appeal of Myrtle F. Jones and others. From an order of the county commissioners of Minnehaha County establishing the drainage ditch in controversy, contestants, Myrtle F. Jones and others, appealed to the Circuit Court, which court made findings and rendered judgment for petitioners; from which judgment and from an order denying a new trial, protestants appeal. (2) To point two, Contestants and 'Appellants cited: In re Judicial Ditch No. 14 of Martin Co. (Minn.) 138 N. W. 675; In re Madsen (Minn.) 135 N. W. 1003.…

1Opinion of the CourtPoddey, P. J.

This appeal grows out of a controversy over the establishment of a drainage ditch in Minnehaha -county. The proposed ditch is 10JJ miles in length, and is intended to drain what is known as the Skunk Creek valley. The area to 'be affected by said ditch comprises somle 5,100 acres of land. All the preliminary steps required by statute were taken. Certain interested parties, who were opposed to the construction of the ditch, filed a protest, and a hearing was had before the board of county commissioners. At the termination of the hearing said hoard adopted a resolution, -declaring such drainage…

2Cases cited4 opinions

  1. Hardy v. McKinneyIndiana Supreme Court · 1886
  2. Wilson v. TalleyIndiana Supreme Court · 1896
  3. Fargo v. AasethSouth Dakota Supreme Court · 1912
  4. Hunt Drainage District v. ColeIllinois Supreme Court · 1918

3Cited by2 opinions

  1. Badger State Bank v. WeissSouth Dakota Supreme Court · 1932
  2. State v. RistySouth Dakota Supreme Court · 1927

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