Home/Supreme Court of Iowa/Miller v. Monona County

Miller v. Monona County

294 N.W. 308, 229 Iowa 165
Supreme Court of Iowa·Decided October 15, 1940·No. No. 45348.·Published·Cited by 11 cases

Opinion

Sager, J.

For convenience, the Haitz district will be referred to as if it were the only defendant, the others not having appealed.

Following an unsuccessful attempt to establish a drainage district in the same territory, Haitz district was completed in 1915. The proceedings by which this was accomplished were not challenged then and are not now. To aid in an understanding of the general plan of the project, we attach a plat of the district. It will be observed that the main ditch runs in a generally north and south direction. The engineer’s plan provided for the construction of laterals extending westward with their outlets in the main ditch. Laterals were constructed every mile with the waste bank on the south side. There being no openings in these banks, the effect, as was the purpose of the plan, was that the surface water on each mile was to be taken care of by the lateral south of it. We are concerned here only with lateral No. 8. As originally planned and constructed there were no openings in its waste bank. It extended westward to the point indicated on the plat. In proceedings had in 1930 this was extended to the West Fork ditch, the extension being that part appearing in the plat as “Private Dyke”. This designation “Private” ivas an error but not important here.

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Miller v. Monona County, 294 N.W. 308, 229 Iowa 165 (iowa 1940).

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