Legal Opinion · Dissent

McHenry County v. Brady

North Dakota Supreme Court

Decided May 14, 1917Published

Action to enjoin the further construction of a proposed drain, and to declare null and void all acts and doings in connection therewith and the levying of taxes and assessments therefor. Appeal from the District Court of McHenry County, Honorable Charles M. Cooley, Special Judge. Judgment for defendants. Plaintiffs appeal.

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Action to enjoin the further construction of a proposed drain, and to declare null and void all acts and doings in connection therewith and the levying of taxes and assessments therefor. Appeal from the District Court of McHenry County, Honorable Charles M. Cooley, Special Judge. Judgment for defendants. Plaintiffs appeal. Statement of facts by Bruce, Ch. J. This is an action brought to restrain and enjoin the further construction or maintenance of a certain drain known as Mouse river drain No. 9, and that the acts and deed of defendants in connection with the establishment and construction…

1DissentEobinson, J.

In this case several years ago the drainage commissioners of Bottineau and McHenry counties undertook as a drainage project to deepen, widen, and straighten the channel of the Mouse river in the said counties, and for 15 miles into Canada. In so doing they acted under the statute for the construction of drains, and all their doings must be governed by that statute in just the same manner as though there were no stream called Mouse river. The total cost of the drain as - estimated was $142,000, of which $70,000 was for improvements in Canada. This suit is a second edition of an appeal from…

2Cases cited5 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
  3. State ex rel. Dorgan v. FiskNorth Dakota Supreme Court · 1906
  4. Hackney v. ElliottNorth Dakota Supreme Court · 1912
  5. Freeman v. TrimbleNorth Dakota Supreme Court · 1910

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