BREIHOLZ v. BOARD OF SUPERVISORS

No. 23.

257 U.S. 118 (1921)

BREIHOLZ ET AL. v. BOARD OF SUPERVISORS OF POCAHONTAS COUNTY, IOWA, ET AL.

Supreme Court of United States.

Decided November 7, 1921.


Attorney(s) appearing for the Case

Mr. Denis M. Kelleher, with whom Mr. Clarence M. Hanson, Mr. Richard F. Mitchell and Mr. Thomas F. Lynch were on the brief, for plaintiffs in error.

Mr. F.C. Gilchrist and Mr. Robert Healy, with whom Mr. Frederick F. Faville and Mr. Maurice J. Breen were on the brief, for defendants in error.


MR. JUSTICE CLARKE delivered the opinion of the court.

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.<...

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