VOOGD v. JOINT DRAIN. DIST., KOSSUTH & WINNEBAGO COS.

No. 54281.

188 N.W.2d 387 (1971)

Peter VOOGD et al., Appellants, v. JOINT DRAINAGE DISTRICT NO. 3-11, KOSSUTH AND WINNEBAGO COUNTIES, Iowa, et al., Appellees.

Supreme Court of Iowa.

June 17, 1971.


Attorney(s) appearing for the Case

Fitzgibbons Brothers, Estherville, for appellants.

Laird, Burington, Bovard & Heiny, Mason City, for appellees.

Weible & Stipp, Forest City, amicus curiae.


MASON, Justice.

This is an appeal by plaintiff-landowners in lateral 9 of joint drainage district No. 3-11 of Kossuth and Winnebago counties from the trial court's decree dismissing their petition in equity asking to have certain drainage assessments against their land declared illegal and void. In one division plaintiffs seek to enjoin collection of assessments for repairs and in the other, to recover assessments paid by some plaintiffs. Our review is de novo. Rule...

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