Mitchem v. Gaston County Drainage Commission
Supreme Court of North Carolina
Appeal by plaintiff from Harding, J., at tbe April Term, 1921, of GUstoN. Tbis action was brought by tbe plaintiff to restrain tbe collection of drainage assessments levied by tbe Gaston County Drainage Commission No. 1, of Gaston County, N. C., against certain lands witbin sucb drainage district now owned by tbe plaintiff.
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Appeal by plaintiff from Harding, J., at tbe April Term, 1921, of GUstoN. Tbis action was brought by tbe plaintiff to restrain tbe collection of drainage assessments levied by tbe Gaston County Drainage Commission No. 1, of Gaston County, N. C., against certain lands witbin sucb drainage district now owned by tbe plaintiff. Tbis drainage commission was created by a special act of tbe Legislature, chapter 427, Public Local Laws of 1911. Tbe drainage district was established in 1912 in pursuance of sucb act, and at tbe time of its establishment A. 0. Stroup was tbe owner of tbe forty-three…
1Opinion of the Court
Waleer, J.,
after stating tbe case: Tbe plaintiff in bis brief bas abandoned all of tbe irregularities complained of in bis complaint except two, wbicb briefly stated are: (1) Tbe commission failed to divide tbe land into five classes, and (2) it abandoned tbe dredging of tbe stream.
In order tbat we may intelligently present tbis matter, we first direct attention to tbe act of tbe Legislature creating tbis drainage commission, Public-Local Laws 1911, cb. 427. It is apparent from a perusal of tbis act tbe Legislature realized tbat many details of tbe drainage scheme contemplated by it would…
2Cases cited14 opinions
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- Broadfoot v. City of FayettevilleSupreme Court of North Carolina · 1899
- Newby & White v. Drainage DistrictSupreme Court of North Carolina · 1913
- Mann v. . MannSupreme Court of North Carolina · 1918
- Trigger v. Drainage District No. 1Illinois Supreme Court · 1901
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