Ferbrache v. Drainage District No. 5
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for the County of Bonner. Hon. John M. Flynn, Judge. Action to determine the validity of the organization of a drainage district. Judgment for respondent. The unconstitutional provision of the statute can be eliminated so as to leave the remainder of the statute complete and operative. (Bissett v. Pioneer Irr.
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APPEAL from the District Court of the Eighth Judicial District for the County of Bonner. Hon. John M. Flynn, Judge. Action to determine the validity of the organization of a drainage district. Judgment for respondent. The unconstitutional provision of the statute can be eliminated so as to leave the remainder of the statute complete and operative. (Bissett v. Pioneer Irr. Dist., 21 Ida. 98, 120 Pae. 461; People ex rel. v. Reclamation Dist., 117 Cal. 114, 48 Pac. 1016.) ’ The law creating reclamation districts and providing that those who are interested in the land and who pay for the…
1Opinion of the CourtStewart, C. J.
— The respondent brought this action in the district court of Bonner county for the purpose of enjoining the appellants, drainage district No. 5 of Bonner county, and the drainage commissioners of the district, from issuing warrants or incurring expenses connection with the proposed drainage system of said district, and also enjoining and restraining the commissioners from filing a petition in the district court for the purpose of having the assessment of damages and benefits made to cover the drainage of lands embraced in the district. It was alleged in the complaint that the drainage…
2Cases cited8 opinions
- Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
- Gillesby v. Board of County CommissionersIdaho Supreme Court · 1910
- Fenton v. Board of County CommissionersIdaho Supreme Court · 1911
- Pioneer Irrigation District v. WalkerIdaho Supreme Court · 1911
- Shoshone Highway District v. AndersonIdaho Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- Wright v. CallahanIdaho Supreme Court · 1940
- Epperson v. HowellIdaho Supreme Court · 1916
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
- State Water Conservation Board v. EnkingIdaho Supreme Court · 1936
5 more not listed; retrieve them via the Exa API.