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And maybe when the EPA forbade spraying--an eventuality the parties probably had not foreseen when the contract was signed, long before there was an EPA--the strict duty of eliminating all undergrowth within the 15-foot zone was modified by the doctrine of impossibility or by some other doctrine of excuse. Before WOOD, Jr. and POSNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge. Elba Township v Gratiot Co Drain Commissioner. Douglas county kaw drainage district grand junction. Douglas County commissioners to hear plans for virus relief grants to local businesses. But the amount of funding available to each business will depend on the number of applicants. 42, p 12-3) the owner of property has the exclusive right to the use of the property and an automatic right to an injunction against a trespasser.
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's claimed right to pump water into the Kaskaskia River upstream and take an equivalent amount out downstream, each riparian owner is entitled to make a reasonable use of the river, with what is "reasonable" depending on the balance between his own needs and those of the other riparian owners. 1989); United States v. City of Chicago, 870 F. 2d 1256, 1262-63 (7th Cir. If you are looking for authentic Mexican fare, North Lawrence is the place to be! He has substantial experience in real estate, environmental, and energy matters where he regularly advises, manages, and litigates complex and high-stake matters on behalf of his clients. 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. ELECTRONIC MAIL: General Information: Engineering Information: Residential Permits: Commercial Permits: Billing / Accounts: Douglas R. Bell – District Attorney. Swale features would direct sheet flow to the basins and channels. Franklin Bank, N. A. 3, p. 36, Third Quarter, 2003. BLM approves Johnson Lane drainage plan, work | Serving Minden-Gardnerville and Carson Valley. Nor do we read the 1951 contract as a commitment by U. to stop using the ditch when and if the district exercised its right to terminate the contract--in other words, as an abandonment of its riparian rights. 's pumping water into the ditch had indeed increased the cost of maintenance. Publicly Owned Treatment Works (POTW). 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.
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The drainage district's contention that riparian ownership excludes all right to put water into a river as distinct from taking it out is inconsistent not only with the concept of beneficial use but also with the raison d'etre of a drainage district--to enable the diversion of surface waters into the river that drains the land in the district--and with the "enemy waters" (or "common enemy") and "civil law" doctrines. The only right of such an owner is to the reasonable use of the river. Douglas County commissioners to hear plans for virus relief grants to local businesses | News, Sports, Jobs - Lawrence Journal-World: news, information, headlines and events in Lawrence, Kansas. Local organizations in charge of millions of dollars in coronavirus relief funding will soon lay out their plans on how they will award the funds to Douglas County businesses. Casenote Constitutional Law – First Amendment – Masson v. New Yorker Magazine, Inc., 111 2419 (1991), 69 U. Pine's Democratic opponent and current state Rep. Tom Holland, of Baldwin City, said this issue should not be ignored.
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273, 412 P. 2d 529 (1966); Mulder v. Tague, 85 S. 544, 186 N. 2d 884 (1971). 's pumps lie north and its plant south of the district boundaries, and its riparian lands are likewise north and south of those boundaries. Douglas county kaw drainage district attorney. ) He plainly thought this amount excessive, but did not indicate whether he thought the district had sustained any damage. 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. Taking place, what was required to be taken place and what actions under the contract. We do not deny the role of morality--of equity in the broad sense--in contract law as in all law. Senator Pine owes the citizens that are under the jurisdiction of the drainage district board, and the constituents of this senatorial district, a full explanation. Pine has lived in Linwood since 1999 but had continued to vote at a polling station near his family farm in Lawrence. "I brought up concerns about the fact that we weren't putting things out to bid, " he said.
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641, it is said: "The right in this litigation is one belonging exclusively to the public at large. Doug also represents private sector businesses in real estate, business, franchise, contract preparation, breach of contract claims, trademark infringement and claims arising under the Uniform Commercial Code (UCC). "Michigan's New Blighting Property Statute, " International Right of Way Association, 2003. The present case is analogous. Douglas R. Kelly | People | Clark Hill PLC. Selected to the Michigan Super Lawyers list for General Litigation (2021). G., Jacob & Youngs, Inc. Kent, 230 N. 239, 129 N. 889 (1921) (Cardozo, J.
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The parties may not have intended that U. be obligated to clear undergrowth if the farmers owning the land to be cleared objected. Southwest Ranches, FL 33331. Or maybe not--maybe U. 's dredging efforts failed to keep the ditch free from sandbars and undergrowth and that its efforts at clearing undergrowth from the banks--efforts admittedly sporadic--were to a significant extent ineffectual. Douglas county kaw drainage district 7. National Distillers, which is not a citizen of Illinois, removed the case to federal district court. Second, the district argues that the U. Alt v. State, 88 Neb. It is true that there are cases in Illinois and elsewhere that limit, sometimes severely, the right of the riparian owner to collect water and then discharge it in a manner injurious to another riparian owner.
Chapter 72 Statute Transfer List. 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. Each part has its own character. Michigan Environmental Protection Act. More important, it makes little or no practical difference whether the drainage district is equated to a riparian owner. "Utility Conflicts Within Drain Easements, " Michigan Association of County Drain Commissioners, Summer Conference, 2006. Said district may dig ditches and drains under and across railroads and public highways. " POSNER, Circuit Judge. 491 (1842); Restatement, Second, Torts, Secs.
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. In Krueger v. Jenkins, 59 Neb. Any owner or rightful possessor of land, riparian or not, can complain about a nuisance--that is, a condition which unreasonably interferes with the use and enjoyment of his land, including an interference with the flow of surface water to or from the land. However, the funds must be spent by the end of the year. 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 drainage board works with city and county officials on water drainage issues. Another requirement to serve on the drainage board is that you have to be a property owner, Heck said.
"Construction Liens in Michigan, " 2002. No costs will be awarded in this court. The purpose of the childcare grant program is to help childcare facilities provide alternative learning sites to school-aged children. Although this was a complex case, the district judge did not prepare a written opinion. Administrative Services. But the question whether U. is interfering with the property rights of other landowners is different from whether it has any property right of its own. The commissioners will also consider awarding an agritourism registration to a 30-acre property at 292 North 2100 Road, Lecompton.