Owen v. Central Clay Drainage Dist.

Commissioners of Central Clay Drainage District petitioned for a levy of one percent against existing benefits, proceeds to be used for maintenance, including a Government-constructed levee. Tbe County Court order of denial was responsive to protests by sixty-two landowners. When tbe Commissioners appealed, Circuit Court permitted withdrawal of remonstrances and substitution of a motion to dismiss. Tbe motion, treated as a demurrer, was overruled.

Background of the Controversy. — Drainage District No. 8. of Clay County existed in a somewhat nebulous state when, by Special Act No. 317 of 1911,…