Fisher v. Dallas County

369 N.W.2d 426, 1985 Iowa Sup. LEXIS 1059
CourtSupreme Court of Iowa
DecidedJune 19, 1985
Docket84-680
StatusPublished
Cited by16 cases

This text of 369 N.W.2d 426 (Fisher v. Dallas County) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fisher v. Dallas County, 369 N.W.2d 426, 1985 Iowa Sup. LEXIS 1059 (iowa 1985).

Opinions

McGIVERIN, Justice.

Plaintiffs Rick and Diane Fisher appeal from the judgment of the district court after trial dismissing their petition against defendants Dallas County, Dallas County Drainage District No. 31, and the Dallas County Board of Supervisors acting on behalf of the drainage district. We affirm.

The issues we need consider on this appeal are (1) whether the trial court erred in ruling that a drainage district cannot be sued in tort for money damages, and (2) whether the trial court erred in dismissing plaintiffs’ petition against defendants Dallas County and its board of supervisors.

In 1976 plaintiffs bought an undeveloped five-acre tract in Dallas County. The acreage adjoined a county gravel road. Located in the ditch between the road and plaintiffs’ property were two signs reading, “County Intakes.” The intakes led into a drainage tile line running beneath plaintiffs’ property, although plaintiffs did not know this at the time they purchased the land. Plaintiffs’ land was a part of defendant Drainage District 31 in Dallas County. See Iowa Code ch. 455. Before the purchase, plaintiffs inspected the acreage several times and did not observe any standing water on it or in the county ditch.

Plaintiffs proceeded to build a house on this land approximately two hundred feet from the county ditch. In June 1977, they and their children moved into the house.

In 1979 or 1980, plaintiffs first noticed that after heavy rains or spring thaws standing water would accumulate in the ditch and take a day or two to drain away. By the spring of 1981, this water, when it accumulated, began to encroach upon plaintiffs’ property. They sought the advice of the county engineer, who recommended that they connect their basement sump pump to the drainage district’s tile line. Plaintiffs followed this advice, but the water problem only worsened.

In January 1982, a thaw combined with precipitation resulted in the flooding of plaintiffs’ basement and most of the 200-foot space between their house and the county road. This water did not drain away. Plaintiffs talked with a county supervisor about the flooding, but no action was taken by the county.

On July 12, 1982, plaintiffs filed the present action, seeking abatement of the water on their property as a nuisance and damages for the flooding on theories of failure to properly maintain the drainage [428]*428tile line, negligent inspection and maintenance of it, and negligent issuance of a permit for the building of plaintiffs’ house.

In December 1982, a county work force excavated on and around plaintiffs’ property to locate the drainage tile line suspected of causing the problem. After locating and opening the line near plaintiffs’ house, the county crew removed some tree roots and debris and told plaintiffs the problem was solved. However, the water on their land did not recede and their basement continued to flood intermittently.

In early 1983, plaintiffs hired a private drainage contractor, who inspected the drainage tile line and opined that it was blocked. He proceeded to excavate the line in April 1983 and arranged for a local Roto-Rooter service to use a rooting machine on the line. The machine cleared tree roots from a 300-foot section of the line. Upon completion of the rooting operation, the water on plaintiffs’ property drained away overnight and had not returned as of the time the case went to trial in March 1984. In view of this, plaintiffs dropped their claim seeking abatement of a nuisance and proceeded to trial only on the negligence and damage issues. Defendant district paid the expense of the private engineer and rooting operation.

After trial to the court, the district court entered findings of fact, conclusions of law, and judgment. Iowa R.Civ.P. 179(a). The court concluded as a matter of law that under the facts in the present case neither the drainage district nor the board of supervisors acting on its behalf could be sued for money damages. The court also concluded that Dallas County owed no legal duty to plaintiffs to prevent the injuries they had sustained from the flooding. Accordingly, the court dismissed plaintiffs’ petition. This appeal by plaintiffs followed.

I. Liability of the Drainage District to Plaintiffs.

A. Nature of a drainage district. Article I, section 18 of the Constitution of Iowa empowers the legislature to

provide for the organization of drainage districts, vest the proper authorities with power to construct and maintain levees, drains, and ditches and to keep in repair all drains, ditches, and levees heretofore constructed under the laws of the state, by special assessments upon the property benefited thereby.

(Emphasis added.) The legislative provisions for the creation and maintenance of drainage districts are contained in Iowa Code chapter 455.

A drainage district is an area of land, set out by legal proceedings, which is subject to assessment for drainage improvements within the area. State v. Olson, 249 Iowa 536, 548, 86 N.W.2d 214, 221 (1958). Its affairs are managed by the county board of supervisors in a representative capacity. Id.; Iowa Code § 455.-135(1). Once the district’s original construction has been completed and paid for, the district may be placed under the management of a board of trustees. Iowa Code § 462.1.

A drainage district may be formed on the petition of two or more owners of land within the proposed district. Iowa Code § 455.7. The board of supervisors has the authority to establish a drainage district if it finds that establishment of the district would benefit the public welfare. Iowa Code § 455.28.

The board of supervisors has the power to buy, lease, or condemn land on behalf of the drainage district. Iowa Code § 455.29. The board awards contracts for construction of drainage improvements to be made within the district. Iowa Code §§ 455.-40- 44. Drainage improvements include such things as ditches, drains, levees, and settling basins. Iowa Code § 455.18(2).

The cost of establishing a drainage district and constructing and maintaining its drainage lines and other improvements is defrayed by assessing the landowners within the district in proportion to the benefit that accrues to each owner’s land from the establishment and maintenance of the district. Art. I, § 18 Iowa Const.; Iowa Code [429]*429§§ 455.45-.47. The board of supervisors on behalf of the district may also issue bonds, payable only out of money raised by future assessments, for the purpose of meeting the expenses of establishing or maintaining a drainage district.

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Fisher v. Dallas County
369 N.W.2d 426 (Supreme Court of Iowa, 1985)

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Bluebook (online)
369 N.W.2d 426, 1985 Iowa Sup. LEXIS 1059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-dallas-county-iowa-1985.