954) 524-8526 / FAX (954) 524-8644. The Capital-Journal also reported Pine wrote $900 checks annually to himself and fellow members for "consulting, " while representatives of other drainage boards in Douglas County served for free. Phase II and MS4 Permitting. But a judge in a contract case is not to enact his personal standard of fair dealing or to decide what is in the parties' best interests. 's pumping water into the ditch without paying that cost. Board member Mike Heck said Pine, who served as the board's treasurer, resigned because of a residency requirement recently brought to the board's attention. In filling in the missing details, the court will perforce use the standard of the reasonable contracting party, see, e. g., Morin Building Products Co. Baystone Construction, Inc., 717 F. 2d 413 (7th Cir. This is not to say that before issuing an injunction against a firm a judge must always consider the impact on the firm's customers, suppliers, employees, etc. Kowing v. Douglas County Kaw Drainage Dist., 167 K. 387, 388, 390, 207 P. 2d 457. Under a system of riparian property rights, which is the property rights system applicable to U. "Working Effectively with Pipeline Companies, " Michigan Association of County Drain Commissioners, Winter Conference, 2014. It is seeking instead an injunction against U. Natural Resources Environmental Protection Act – Parts 31, 41, 91, 301, 303, 307, and 309. This crushed stone 9-mile trail offers views of nearby farmland and the river as well as the downtown area of Lawrence, on the opposite bank.
Besides asking for damages for breach of the contract, Okaw Drainage District asked the district judge to enjoin U. from continuing to run its water through the ditch. Flooding is no longer the threat it once was, thanks to the Bowersock Dam. Under Florida law, e-mail addresses are public records. If you are looking for authentic Mexican fare, North Lawrence is the place to be! Trademarks and Trademark Infringement. None is complaining that U. is abusing its rights to the use of the river. LEGISLATIVE COORDINATING COUNCIL12/30/2022 Meeting Notice Agenda. Pine resigned from the Douglas County Kaw Drainage District Board last week following questions about the board's finances, according to a report by the Topeka Capital-Journal.
Aerial photograph with legend, flood channel cross sections with a map showing their locations, and plan for Cady "Island" dam. The suit alleges, and photographic evidence introduced by the drainage district appears to confirm, that U. North Lawrence, on the north side of the Kaw, has a distinctive character all its own. 641, it is said: "The right in this litigation is one belonging exclusively to the public at large. In the lawsuit, an Iowa water utility company sued three upstream counties' drainage districts for allegedly discharging excess nitrates into the river that the utility relied on for supplying water to its customers. Flooding and sedimentation hazards in the Johnson Lane community would be controlled through construction of a series of detention basins, interceptor channels, and conveyance channels. But here we come up against the fact that none of the riparian owners is a party to this suit. Expresses its willingness to reimburse the district for any such increment in cost, but denies that there has as yet been any. However, the funds must be spent by the end of the year. Often a contract leaves the parties' contractual obligations imperfectly defined. Neither Douglas county nor its citizens have any peculiar interest in it. U. has, however, continued to pump water into the ditch from its wells; and it is this continued use that the district sought to enjoin, contending that it is either a trespass or a nuisance, and presenting evidence that the added flow resulting from U. Or maybe not--maybe U.
Motorcycle enthusiasts, check out Slowride Roadhouse Bar and Grill. 's pumps lie north and its plant south of the district boundaries, and its riparian lands are likewise north and south of those boundaries. ) At such hearing all persons in favor and opposed to such petition shall be given an opportunity to be heard. The grant program has a total of $18, 000 to award, according to the memo. This location places you in the middle of the levee trail—4 miles in either direction before you reach a turnaround point. Taking place, what was required to be taken place and what actions under the contract. Okaw Drainage District of Champaign and Douglas County, illinois, Plaintiff-appellant, v. National Distillers and Chemical Corporation, Defendant-appellee, 882 F. 2d 1241 (7th Cir.
Public Works Utilities. No costs will be awarded in this court. Once the existence of these dependents was brought to the drainage district's attention, the district was obliged to present evidence that, when the cost to these innocent third parties was considered, the injunction--whose breadth seems inequitable quite apart from third-party effects--would nevertheless be reasonable in the circumstances. Photo by: Chris Conde/Journal-World File Photo. The legislature having imposed no condition upon the license to en*773ter conferred upon the district, we find no warrant for the county authorities to do so. In some jurisdictions--those particularly friendly to Rylands v. Fletcher--the injurer might be strictly liable for water damage of the sort alleged here.
Upon the filing of such petition, the board of county commissioners shall fix a time and place for a public hearing on such petition and shall give notice thereof by one publication in the official county paper at least five and not more than ten days before the date fixed for such hearing. He expressed impatience with the parties' inability to compromise their differences--to reach a "happy ground" as the judge put it--but did not explain why a failure to compromise should result in a judgment for the defendant; such a preference will make defendants less willing to compromise. Now only a little more than one block is left. The U. S. Industrial Chemical Company (U. I. The use must be beneficial, but "there is no closed class of beneficial purpose. " Brian L. McPheters and Arnold Blockman, Hatch, Blockman, McPheters, Fehrenbacher & Lyke, Champaign, Ill., for Okaw Drainage Dist. In other business, the commissioners will consider approving a site plan for the construction of a 35, 000-square-foot structure at the southeast corner of North 1900 Road and East 1450 Road, which is also known as U. S. Highway 24.
True, Okaw Drainage District is not (so far as appears) a landowner; but since U. does not contest its right to proceed on a nuisance theory, we can pretend it is. The river channel was about half its present width. The only complainant is the Okaw Drainage District, which does not claim either to be a riparian owner or to be suing as the representative of those owners. Pine told the Capital-Journal that rather than challenge the assertions, he thought resignation from the board was the best alternative, "especially in the political arena I'm in. Is not flooding any of its neighbors' lands, as in Colwell Systems, Inc. Henson, 117 113, 72 636, 452 N. 2d 889 (1983), but is merely creating a risk that those lands will drain less efficiently. 1969), although it makes little sense to us: if followed it would raise the price the government would have to pay to obtain services. 5 miles northeast of Minden. The Lawrence River Trail is located along the north bank of the Kansas River and runs along the top of the flood-control levee on the outskirts of Lawrence. The judge seems to be suggesting that U. has a prescriptive right to pump water into the river, or if not then maybe a right under admiralty law. Both as originally drafted and as amended in 1965, the contract set forth U.
The beloved El Matador and La Tropicana family restaurants sit within walking distance of each other on Locust Street. Although this part of the complaint raised intricate questions as we shall see, the judge's only comment on it was: "I am not going to enjoin the pumping of this water into the river. A showing of changed circumstances might entitle it to seek the narrower injunction in the future, but we need not speculate about that possibility now. 3, p. 36, Third Quarter, 2003. Chapter 72 Statute Transfer List. Existing roads would be used and improved where feasible and several new access roads would need to be constructed as well. "We've always believed we've been acting in the bounds of the law on that, " he said. Doug Kelly is an innovative problem solver for his clients in both the public and private sector.
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