Knowles v. New Sweden Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for the County of Bannock. Hon. Alfred Budge, Judge. Action by the plaintiff to quiet his title to certain water rights and privileges, and to enjoin and restrain the defendant from levying and collecting certain assessments against his lands, and to recover assessments paid under protest. Judgment for the defendant and plaintiff appeals.
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APPEAL from the District Court of the Fifth Judicial District, for the County of Bannock. Hon. Alfred Budge, Judge. Action by the plaintiff to quiet his title to certain water rights and privileges, and to enjoin and restrain the defendant from levying and collecting certain assessments against his lands, and to recover assessments paid under protest. Judgment for the defendant and plaintiff appeals. The contention of the defendant that the statute invests it with the power to “levy an assessment,” on any other basis than that of benefits to the owner of the land, is utterly baseless, as such…
1Opinion of the CourtAilshie, C. J.
This appeal involves the power and authority of an irrigation district organized under the laws of this state to levy assessments for the purposes of defraying the principal and interest on bonds issued for the purchase of an irrigation system against the lands of one who owned his own water right and privileges at the time of the organization of the district and the levying of the assessment. The ease arises out of the following state of facts:
In the years 1891 and 1892, the Great Western Canal Construction Company built and constructed a canal system called the Great Western Canal, which…
2Cases cited39 opinions
- United States v. LynahSupreme Court of the United States · 1903
- Forster v. . ScottNew York Court of Appeals · 1893
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- City of S. Pasadena v. Pasadena Land & Water Co.California Supreme Court · 1908
- State ex rel. Smith v. Superior CourtWashington Supreme Court · 1901
34 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Continental Oil Co. v. City of Twin FallsIdaho Supreme Court · 1930
- Morrison v. Clackamas CountyOregon Supreme Court · 1933
- Hughes v. State Ex Rel. Idaho Board of Highway DirectorsIdaho Supreme Court · 1958
- Oregon Short Line Railroad v. Pioneer Irrigation DistrictIdaho Supreme Court · 1909
- O'Neill v. Yellowstone Irrigation DistrictMontana Supreme Court · 1912
43 more not listed; retrieve them via the Exa API.