Legal Opinion

Gish v. Hamilton County

Supreme Court of Iowa

Decided March 9, 1909PublishedCited by 2 opinions

Appeal from Hamilton District Gourt. — Hon. Robert M. Wright, Judge. Through appropriate proceedings a drainage district was established, the improvement contracted, and the commissioners to classify lands and apportion the cost of construction, fees and damages made their report. On June 14, 1906, the board of supervisors took up this report and raised the assessment, as reported by the commissioners as follows: Name Description Section Township Range From To B. II.

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Appeal from Hamilton District Gourt. — Hon. Robert M. Wright, Judge. Through appropriate proceedings a drainage district was established, the improvement contracted, and the commissioners to classify lands and apportion the cost of construction, fees and damages made their report. On June 14, 1906, the board of supervisors took up this report and raised the assessment, as reported by the commissioners as follows: Name Description Section Township Range From To B. II. Gish NWSE 19 . 89 23 $332. 00 $381 80 CÍ SW SE 19 89 23 370 51 426 08 a NWNE 30 89 23 321 38 369 57 u NW NE 15 88 24 139 44 153…

1Opinion of the CourtLadd, J.

'This is an appeal from the apportionment of the costs of construction, fees and damages, incident to the excavation of a drainage ditch, to the several tracts of land belonging to B. LI. and Amanda Gish. Some question is made in appellants’ brief concerning the manner of making the classification and the timeliness of the commissioners’ report, but these matters are settled against their contention in Farley Drainage Dist. No. 7 v. Hamilton County, 140 Iowa, 339. Other questions presented are: (1) Whether the board of supervisors exceeded its power in increasing the assessments on some…

2Cases cited2 opinions

  1. Payne v. Town of WaylandSupreme Court of Iowa · 1906
  2. Crary v. Hamilton CountySupreme Court of Iowa · 1908

3Cited by2 opinions

  1. In re the Appeal of JenisonSupreme Court of Iowa · 1909
  2. Chicago, Rock Island & Pacific Railway Co. v. Board of SupervisorsSupreme Court of Iowa · 1925

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