Rogers v. North St. Lucie River Drainage District

Supreme Court of Florida

Rogers v. North St. Lucie River Drainage District

42 So. 2d 279, 1949 Fla. LEXIS 996

Supreme Court of Florida·Decided October 4, 1949·Published

Opinion

The final decree appealed from recites that "this is a friendly test suit to determine whether or not the Drainage District has the authority to require the defendant landowner of the District to first obtain written consent of the Board of Supervisors of the District before he could connect his system of drainage with the works and improvements of the plan of drainage of the district."

The chancellor answered this question in the affirmative by enjoining appellant from connecting his drainage system with the canals of the appellee. Section 298.28, F.S.A. was the predicate for his decree.

The record has been examined and we think the chancellor construed the statute correctly so the final decree is affirmed.

Affirmed.

ADAMS, C.J., and THOMAS and ROBERTS, JJ., concur.

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The final decree appealed from recites that "this is a friendly test suit to determine whether or not the Drainage District has the authority to require the defendant landowner of the District to first obtain written consent of the Board of Supervisors of the District before he could connect his system of drainage with the works and improvements of the plan of drainage of the district."

The chancellor answered this question in the affirmative by enjoining appellant from connecting his drainage system with the canals of the appellee. Section 298.28, F.S.A. was the predicate for his decree.

The record has been examined and we think the chancellor construed the statute correctly so the final decree is affirmed.

Affirmed.

ADAMS, C.J., and THOMAS and ROBERTS, JJ., concur.

Rogers v. North St. Lucie River Drainage District, 42 So. 2d 279, 1949 Fla. LEXIS 996 (Fla. 1949).

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42 So. 2d 279 (Rogers v. North St. Lucie River Drainage District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.