KERR v. CHILTON

No. 49489.

91 N.W.2d 579 (1958)

C. R. KERR and Hildegarde Kerr, Appellees. v. Theodore CHILTON, Ardell Smith and Eugene Morse, as Trustees of Garretson Drainage District of Woodbury County, Iowa, Appellants.

Supreme Court of Iowa.

July 28, 1958.


Attorney(s) appearing for the Case

Prichard & Prichard, Onawa, for appellants.

Thomas J. Griffin, Sioux City, for appellees.


GARFIELD, Chief Justice.

The question presented is whether the cost of repairs to lateral drains in a drainage district, made under section 455.135, Code 1954, I.C.A., is to be assessed against lands in the entire district or against only the lands originally assessed for construction of the laterals. We affirm the trial court's decree that only the lands originally assessed for construction of the laterals—and benefited thereby—are to be assessed.<...

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