Withers v. Board of Drainage Com'rs of Webster County

Opinion op the Court by

Judge Clay

Affirming.

Proceeding on the theory that section 2380-39, Kentucky Statutes 1930, 1936, is invalid, the Board of Drainage Commissioners of Webster County made an assessment against the land of G-. L. Withers for maintenance purposes equal to 10 per cent, of the original assessment for the construction of the ditch. The action of the board was sustained by the Webster circuit court, and Withers appeals. . .

For several years prior to 1928, the Board of Drainage Commissioners of each county was authorized to make an assessment for maintenance purposes not…