Burt v. Farmers' Co-Operative Canal Co.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, in and for Canyon County. Hon. Ed. L. Bryan, Judge. Proceeding to annul or set aside assessments made by a drainage board against a canal and diteh company. Order granted to set aside such assessments.' The assessment is not made against the waste ditch as such, but against the corporation by reason of being relieved of the necessity of maintaining the waste ditch. This is clearly a special benefit.
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APPEAL from the District Court of the Seventh Judicial District, in and for Canyon County. Hon. Ed. L. Bryan, Judge. Proceeding to annul or set aside assessments made by a drainage board against a canal and diteh company. Order granted to set aside such assessments.' The assessment is not made against the waste ditch as such, but against the corporation by reason of being relieved of the necessity of maintaining the waste ditch. This is clearly a special benefit. (9 E. C. L. 564; Lipes v. Hand, 104 Ind. 503, 1 N. E. 871, 4 N. E. 160.) The law certainly does not contemplate that each right of…
1Opinion of the CourtSullivan, C. J.
This is an appeal from an order of the district court sustaining the remonstrance of the Farmers’ Co-operative Canal Company, a corporation (which will hereafter be referred to as the canal company), and the remonstrance of the Noble Ditch Company, a corporation (which will hereafter be referred to as the ditch company), against the assessments of benefits against the rights of way of each of said companies, by which order the court adjudged and held null and void such assessments, and ordered such assessments stricken and excluded from the report of the commissioners of Drainage District No.…
Also in this document: Concurrence.
2Cases cited18 opinions
- Lipes v. HandIndiana Supreme Court · 1885
- Fleming v. LockwoodMontana Supreme Court · 1907
- Reclamation District No. 70 v. ShermanCalifornia Court of Appeal · 1909
- Elliott v. McCreaIdaho Supreme Court · 1913
- Heffner v. Cass & Morgan CountiesIllinois Supreme Court · 1901
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3Cited by5 opinions
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
- Truckee-Carson Irrigation District v. McLeanNevada Supreme Court · 1926
- Mossmain Irrigation District v. Canyon Creek Ditch Co.Montana Supreme Court · 1931
- Booth v. Drainage District No. 3Idaho Supreme Court · 1927
- Haga v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1923