Patterick v. Carbon Water Conservancy Dist.

WOLFE, Chief Justice.

I concur. There is, however, one issue which I believe warrants further consideration.

Under the Act a proceeding to have a district organized can be initiated by a small minority of the land owners within the proposed district. The plaintiff contends that since such a minority may initiate the proceedings, due process of law requires that each other land owner within the proposed district be given: (1) an opportunity to be heard on the question of whether his land should be included in the district and on the assessment; and (2) an opportunity to vote or otherwise be…