Whitley, Noble & Allen Joint Drainage Board v. Tschantz

STATON, Presiding Judge.

The Whitley, Noble, and Allen Joint Drainage Board (Board) approved a maintenance project to clear the Eel River. In order to fund the project, the Board ordered a uniform assessment upon all tracts of land within the Eel River watershed. A number of affected landowners (Objectors) sought judicial review of the order, claiming, inter alia, that the assessment was arbitrary and not supported by substantial evidence because it was not based upon the benefits which would accrue to each tract of land as a result of the project. The' trial court agreed with Objectors, set…