Hathorn v. Board of Commissioners

TATE, Judge.

The defendant levee board adopted a resolution which required landowners to remove fences along the levee crown, unless cattle guards were installed in them by a certain date. Thirteen landowners sued to enjoin the levee board from enforcing this resolution.

The levee board appeals from adverse judgment. The plaintiffs answer the appeal, requesting modification of the injunction granted.

The central issue involves the extent and reasonableness of the exercise of the public servitude for making and repairing flood protection levees. Before stating the precise issue, it may be well to…