Legal Opinion

Smith v. Monona-Harrison Drainage District

Supreme Court of Iowa

Decided December 13, 1916PublishedCited by 10 opinions

Appeal from Monona District Court. — W. G. Sears, Judge. Suit to enjoin the trustees of a drainage district from proceeding with certain proposed drainage improvements. A petition of intervention was filed, and to answer thereto, a demurrer interposed and sustained. There was an answer to the original petition, and the cause submitted on an agreed statement of facts. The defendants appeal.

1Opinion of the CourtLadd, J.

Snanee': saipe fuNsdictiun18 The Monona-Harrison Drainage District No. 1 was established in 1905, and the improvements proposed, completed in 1907. In 1915, the control and supervision of the district were transferred to three trustees, elected by the ’owners of lands in the district. Shortly thereafter, a petition signed by many owners of land, within the district was pre*824scnted to the trustees. Therein it was said that the improvement constructed had not, accomplished what was designed, in that lands of the district are still .subject to overflow and are too wet for cultivation; that “The…

2Cases cited1 opinion

  1. Kelley v. Drainage District No. 60Supreme Court of Iowa · 1912

3Cited by10 opinions

  1. Morrow v. Harrison CountySupreme Court of Iowa · 1954
  2. Johnson v. Monona-Harrison Drainage DistrictSupreme Court of Iowa · 1955
  3. Haugen v. Humboldt-Kossuth Joint Drainage District No. 2Supreme Court of Iowa · 1941
  4. Walker v. Joint Drainage District No. 2 of Osceola & Dickinson CountiesSupreme Court of Iowa · 1924
  5. Kelleher v. Joint Drainage District No. 18Supreme Court of Iowa · 1933

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