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MARTIN v. BOARD OF SUPERVISORS OF POLK COUNTY

No. 49868.

100 N.W.2d 652 (1960)

G. W. MARTIN and Byrdene M. Martin, Appellees and Cross-Appellants, v. BOARD OF SUPERVISORS OF POLK COUNTY, Iowa, J. F. Baillie, E. W. Armel, O. E. Armstrong, Nels Lund and B. E. Newell, as members of the Board of Supervisors of Polk County, Iowa, and Drainage District No. 51, Saylor Township, Polk County, Iowa, Appellants. CAPITOL DRIVE-IN THEATRE, INC., Lloyd Hirstine, G. W. Martin and Byrdene M. Martin, Appellees and Cross-Appellants, v. BOARD OF SUPERVISORS OF POLK COUNTY, Iowa, J. F. Baillie, E. W. Armel, O. E. Armstrong, Nels Lund and B. E. Newell, as members of the Board of Supervisors of Polk County, Iowa, and Drainage District No. 51, Saylor Township, Polk County, Iowa, Appellants.

Supreme Court of Iowa.

As Clarified on Denial of Rehearing March 11, 1960.

Attorney(s) appearing for the Case

Ray Hanrahan, County Atty. for Polk County, and A. R. Shepherd, Des Moines, for appellants.

Hansen, Wheatcraft & Galvin, and Gibson, Stewart & Garrett, Des Moines, for appellees and cross-appellants.

PETERSON, Justice.

In October, 1954, 95 owners of property in northeast Des Moines filed with the County Auditor of Polk County a petition for establishment of a drainage district in said area in accordance with the provisions of Chapter 455 of the 1950 Code of Iowa, I.C.A. The petition was approved by the Board of Supervisors and the district was established as Drainage District No. 51. It involved 1,600 acres and 800...

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