Legal Opinion

Harker v. Board of Supervisors

Supreme Court of Iowa

Decided June 21, 1917Published

Appeal from Greene District Gourt. — M. E. Hutchison, Judge. The board of supervisors established ,a drainage district and included certain lands of appellant therein. There was an appeal to the district court. The cause was tried and, at the close of the plaintiff’s testimony, the court sustained a motion approving and confirming the action of the board of supervisors in the establishment of the district. The decree so provided. Appellant has appealed.

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Appeal from Greene District Gourt. — M. E. Hutchison, Judge. The board of supervisors established ,a drainage district and included certain lands of appellant therein. There was an appeal to the district court. The cause was tried and, at the close of the plaintiff’s testimony, the court sustained a motion approving and confirming the action of the board of supervisors in the establishment of the district. The decree so provided. Appellant has appealed. The question involved is as to the right of the board, in establishing the district, to include appellant’s lands.—

1Opinion of the CourtPreston, J.

1. Drains : establishment : inclusion of lands: justification. — 1. The board of supervisors passed a resolution approving the plan of the engineer, and ordered notice. Before the time set for hearing, appellant filed objections. The board by resolution found that other lands should have been included, and the engineer was ordered to plat the same and make a report. Notice was ordered and given as to owners of additional land so included, and the notice' also included all landowners in the district, including the appellant. Thereafter, appellant again filed objections.

Appellees question the…

2Cases cited6 opinions

  1. Zinser v. Board of SupervisorsSupreme Court of Iowa · 1907
  2. Lyon v. Board of SupervisorsSupreme Court of Iowa · 1912
  3. Mittman v. FarmerSupreme Court of Iowa · 1913
  4. Laurence v. Board of SupervisorsSupreme Court of Iowa · 1911
  5. Gray v. AndersonSupreme Court of Iowa · 1908

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