Dawson County Irrigation Co. v. McMullen

This is an action to enjoin the state officials comprising the department of public works from conducting a hearing-, pursuant to the provisions of section 8428, Comp. St. 1922, for the purpose of determining whether plaintiff’s water appropriations for irrigation purposes should be declared forfeited and annulled because of abandonment or non-use. To the amended petition general demurrers were sustained. Plaintiff elected to plead no further. Judgment of dismissal was entered, from which plaintiff appeals.

Plaintiff bases its right to injunctive relief on the ground that said section 8428, as…