Legal Opinion

Gibbs v. Drainage Commissioners of Mattamuskeet District

Supreme Court of North Carolina

Decided December 22, 1917PublishedCited by 6 opinions

Appeal from Kerr, J., at chambers, 12 November, 1917, of Hyde. This is an appeal from an injunction restraining tbe collection of an assessment for maintenance beyond 15 cents per acre as to lands outside of tbe lake bottom in Mattamuskeet Drainage District in Hyde.

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Appeal from Kerr, J., at chambers, 12 November, 1917, of Hyde. This is an appeal from an injunction restraining tbe collection of an assessment for maintenance beyond 15 cents per acre as to lands outside of tbe lake bottom in Mattamuskeet Drainage District in Hyde. Tbis district was organized in 1909 by tbe landowners around and outside of Lake Mattamuskeet in conjunction with tbe State Board of Education, then tbe owner of tbe lands constituting tbe bed or bottom of tbe lake, together with some lands not covered by water. Garter v. Gomrs., 156 N. C., 183. Tbe drainage of tbis lake was…

1Opinion of the Court

Clark, O. J'.

Tbe original petition, sec. 5, contained’a provision that “tbe cost-of maintaining and keeping tbe proper drainage in effect shall not exceed 15 cents per acre for eacb acre included witbin tbe bounds of said district,” but this .provision was based upon tbe sanguine hopes of tbe petitioners and was omitted in all subsequent proceedings and is not embraced in tbe judgment creating tbe district nor referred to in any other proceedings subsequent to tbe petition. As is not unusual, tbe cost of constructing tbe drainage system and of maintenance bas exceeded the original estimate,…

2Cases cited1 opinion

  1. Carter v. Board of Drainage CommissionersSupreme Court of North Carolina · 1911

3Cited by6 opinions

  1. Mann v. . MannSupreme Court of North Carolina · 1918
  2. Bean v. TaylorDistrict Court, M.D. North Carolina · 1976
  3. Baldwin Drainage District v. MacClenny Turpentine Co.Supreme Court of Florida · 1944
  4. Mann v. . MannSupreme Court of North Carolina · 1918
  5. Mann v. . MannSupreme Court of North Carolina · 1918

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