Voogd v. JOINT DRAIN. DIST., KOSSUTH & WINNEBAGO COS.

The problem arose in this way. Supervisors are required to keep agricultural drains in repair. Code, 1962, § 455.135. At the time of the events in question, supervisors could proceed with repairs on their own initiative and assess the cost in accordance with the original apportionment of benefits in the district, when the estimated cost of repair did not exceed 50% of the original cost of “the district.” § 455.135. If the estimated cost exceeded such 50%, notice had to be given and hearing held before repairs could be undertaken. The supervisors involved in this case thought the words “the…