Breiholz v. Board of Supervisors of Pocahontas Cty.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF IOWA. Error to a judgment of the Supreme Court of Iowa affirming a judgment of a lower court of the State adverse to the present plaintiffs in error in a suit attacking special drainage assessments.
Read the full summary
ERROR TO THE SUPREME COURT OF THE STATE OF IOWA. Error to a judgment of the Supreme Court of Iowa affirming a judgment of a lower court of the State adverse to the present plaintiffs in error in a suit attacking special drainage assessments. Where a legislature attempts to confer upon a subordinate body authority to enlarge or repair a previously constructed ditch, either by widening its banks, deepening its channel or lengthening it, and to assess the cost and expense to adjacent property without notice to or opportunity to be heard by interested property owners, the statute is…
1Opinion of the CourtJustice Clarke
Conformably to the statutes of the State, Drainage District No. 29 was organized in Pocahontas County, Iowa, in 1907, and a system of drainage, regularly planned, adopted and constructed, was completed in 1909. An assessment to pay for this improvement was imposed upon the lands , within the District in proportion to the benefits which each tract would derive from it.
Two years later, in 1911, parts of the ditches "having become so filled up as to impair the usefulness of the system, the County Board of Supervisors adopted a resolution declaring that it was expedient that the drainage…
2Cases cited9 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Spencer v. MerchantSupreme Court of the United States · 1888
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Albert v. Public Service CommissionCourt of Appeals of Maryland · 1956
- Evans v. Beattie, Comptroller GeneralSupreme Court of South Carolina · 1926
- Northampton County Drainage District Number One v. BaileySupreme Court of North Carolina · 1990
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- State Ex Rel. Ross v. General American Life InsuranceSupreme Court of Missouri · 1935
22 more not listed; retrieve them via the Exa API.