Dick v. Drainage District No. 2

The opinion of the court was delivered by

Schroeder, J.:

This is an action by landowners against a drainage district for damages resulting from the appropriation of a right of way on the landowners’ property by the drainage district for its use.

The question of substantive law presented is whether the district court of the county in which the land is situated has jurisdiction to hear and determine an independent action for damages where condemnation proceedings instituted by the condemner are void.

This case is one of five separate appeals, the other four cases being numbered 41,952, 41,953,…