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The judge expressed some annoyance at the drainage district for asking for $2 million in damages. "In my opinion, there's absolutely no problem with the way Roger Pine handled the finances of the board, " Heck said. This is an action brought by Douglas county to restrain the Papillion Drainage District from digging drainage ditches across public roads in Douglas county. The broader point is that an injunction other than one designed to secure a property right may not be granted without consideration of the equities, including the costs that the injunction is likely to impose on third parties--see, e. City of Evanston, 881 F. 2d 382 at 385 (7th Cir. 5 miles northeast of Minden. Novi Chamber of Commerce, Vice Chair. Zero Plus Advantage, Inc., 2001 Mich. LEXIS 872 (2001). The drainage district is responsible for the drainage of the farmlands in the district, and it is therefore the logical entity to represent the farmers who own these lands in a conflict with a riparian owner who owns no land in the district. Douglas county kaw drainage district court. 850a, comment b on clause (a). Division of Post Audit. ABA Section on Franchising. Contact Dylan Lysen. Basically it argued that it had acted reasonably in the circumstances, which had changed over the 36 years during which the contract had been in effect. The flood also widened the channel east of the present bridge, so that nearly one-third of North Lawrence was added to the channel of the Kaw River by the disastrous flood of 1903.
Those would be forms of relief tailored to its claim of nuisance. The project will provide Douglas County with access to public lands managed by the BLM through a right-of-way grant for constructing regional flood mitigation improvements (sediment basins, interceptor and conveyance channels, channel protection, and access roads). 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. Douglas county kaw drainage district association. 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.
State Sen. Roger Pine, who has faced criticism for claiming to be a Lawrence resident while living in Leavenworth County, has resigned from a Douglas County board. He suggested that instead of wasting their money litigating, the parties should have invested that money in cleaning up the ditch. See cases cited in Drainage District # 1 v. Village of Green Valley, supra, 69 at 334-35, 25 at 769, 387 N. 2d at 425. That consent was given in the contract first signed in 1951 and was withdrawn when the contract was terminated in 1987; from that moment on, U. was a trespasser in the district's ditch. North Lawrence - Unmistakably Lawrence. More important, it makes little or no practical difference whether the drainage district is equated to a riparian owner. Most of the district judge's opinion was devoted to reviewing the parties' contentions rather than to finding the facts as such, but in the course of this review he remarked that there was indeed undergrowth within the 15-foot zone and sandbars in the ditch (as is evident from the photographic evidence and from the testimony of both parties' witnesses). In Krueger v. Jenkins, 59 Neb. At the southeastern end of the trail, various hiking and mountain biking spur trails provide a diverse range of experiences closer to the Kansas River. Comment, The Jurisprudence of Government Regulation: Aiming at the Common Good, 71 U. DET. Naramore said Saturday he had learned from Heck that Pine resigned.
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. G., Drainage District # 1 v. Village of Green Valley, 69 330, 25 766, 387 N. 2d 422 (1979). At such hearing all persons in favor and opposed to such petition shall be given an opportunity to be heard. Douglas R. Kelly | People | Clark Hill PLC. U. in its turn presented evidence that its efforts at dredging and clearing had been adequate, and any breaches of the contract trifling. He kept saying that the district and U. would have to learn to live with each other. The suggestion is at once incorrect and irrelevant.
The duty, being cast by law upon the defendants to restore the highway, relieves the county from any pecuniary outlay on account of the cutting of the road. He must have thought however either that these apparent violations of the contract were not even prima facie violations or that they were excused, for he said: "We have a difference of opinion as to what should have [been? ] 1, p. 18-19, First Quarter, 2006. A division of National Distillers, owns land along the river north of the district and has for many years been pumping millions of gallons of water per day (on average) from wells on that land into the Kaskaskia River via a channel it owns. We are left uncertain about the judge's interpretation of the contract. Jerome-Duncan, Inc. Douglas county kaw drainage district 8. Auto-By-Tel, LLC, 989 838 (E. 1997). The standard is the same, regardless: reasonableness. 's pumping any water into the ditch. Full audio from the meeting will continue to be posted on the county's website, as usual.
History: L. 1947, ch. "Construction Liens in Michigan, " 2002. The only right of such an owner is to the reasonable use of the river. Although we can find no case, we believe that a riparian owner does not lose his riparian rights just because part of the river is under the control of a drainage district. 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. It is seeking instead an injunction against U. Dunkin' Donuts Franchised Restaurants v. 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. 1989) :: Justia. Shrijee Investment, Inc. 2008 U. LEXIS 107353 (E. 2008). The district claims that the added flow complicates the job of maintaining the ditch (that is, the segment of the river within the drainage district), because it erodes the riverbanks, damages the drainage ditches that feed into the river from the adjacent farmland, and, by raising the level of the river, impedes drainage, the surrounding land being only slightly elevated above the river. "Utility Conflicts Within Drain Easements, " Michigan Association of County Drain Commissioners, Summer Conference, 2006. See Restatement, supra, Sec.
If you are looking for authentic Mexican fare, North Lawrence is the place to be! The assessment addresses regional flooding problems of the Johnson Lane community located 6. 1987)--signally including in this case the downstream towns that appear to be dependent for their supply of drinking water on the water they buy from U. The U. S. Industrial Chemical Company (U. I. The judgment of the district court is therefore. Selected to the Michigan Super Lawyers list for General Litigation (2021). The farm on the property — Burning Barrel, LLC — plans to create a seasonal event space that includes offering farm-to-table meals. In the north, the trail provides access to Riverfront Park, which features a disc golf course, an off-leash dog park, and wildlife and native grass preserve.
Parking is located on the southeast corner of the intersection of N. 2nd & Locust Streets. Maybe as a matter of prudence or ethics the drainage district should not have insisted on strict compliance with the contract but instead should have used its taxing power to obtain funds to help U. maintain the ditch in the changed circumstances created by the EPA's restrictions on the use of herbicides. The drainage board works with city and county officials on water drainage issues. Looking for a little exercise? A county does not hold the legal title to county roads within its borders; it has no power of disposition over them; it has no proprietary interest in them; in performing the duties with which it is charged in connection with them, it acts as an agent of the state, and in the interests of the general public. " Once the drainage district's claim of trespass is rejected, the fatal weakness of its case lies on the remedial rather than on the substantive side of the ledger. In addition, Doug works with public sector clients in the areas of water resources, environmental compliance, easements, eminent domain, land use regulation, contracts and litigation. The organization plans to provide grants based on the size of the business, which will be dictated by the amount of employees the business had from March 1 to the time of the application.
The three business-related umbrella organizations — Downtown Lawrence Inc., Lawrence Restaurant Association and Explore Lawrence — have provided outlines of each of their programs that will help the county's retail and hospitality industries, according to a memo provided to the commissioners. Brian L. McPheters and Arnold Blockman, Hatch, Blockman, McPheters, Fehrenbacher & Lyke, Champaign, Ill., for Okaw Drainage Dist. It seems unlikely--to say the least--that the contract required the company to commit a trespass; and there is no argument that either U. or the drainage district had an easement to cut the undergrowth on the banks. No costs will be awarded in this court. Nor did he comment on the drainage district's contention that contracts between governmental and private entities should be construed favorably to the former--a principle that has some slight support in Illinois case law, see People v. Flynn, 13 Ill. 2d 368, 378, 150 N. E. 2d 183, 190 (1958), as elsewhere, see Correct Piping Co. v. City of Elkins, 308 F. Supp.