See, e. g., FDIC v. W. R. Grace & Co., 877 F. 2d 614, 620-22 (7th Cir. We have been operating on this premise for so long that the mind of a man runneth not to the contrary. To obtain an injunction, therefore, it had to show that the balance of equities inclined to it. It is seeking instead an injunction against U. 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. The use must be beneficial, but "there is no closed class of beneficial purpose. " "Enforcement of Easements, " National Business Institute, 2008. 1989)Annotate this Case. Aerial photograph with legend, flood channel cross sections with a map showing their locations, and plan for Cady "Island" dam. The river channel was about half its present width. The essence of a property right is that the owner need not show, in order to prevent interference with it, that it is worth more to him than to a trespasser. The meeting's full agenda may also be found on the county's website. 's pumps lie north and its plant south of the district boundaries, and its riparian lands are likewise north and south of those boundaries. ) 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. Naramore said that until recently, he understood that land ownership was a requirement for membership on the board, but he had not been unaware that members had to live in Douglas County.
But the goals of the rule cannot be attained unless the judge's opinion, whether oral or written, indicates his resolution of conflicts in the evidence with clarity and specificity sufficient to enable the appellate judges to determine what the facts of the case are. These features would be constructed by Douglas County. Areas of Practice: - Environmental and Water Resources Law. More important, it makes little or no practical difference whether the drainage district is equated to a riparian owner. Douglas county kaw drainage district court. Leases and Landlord-Tenant. First, it argues that U. has no right to use the district's ditch without the district's consent. That consent was given in the contract first signed in 1951 and was withdrawn when the contract was terminated in 1987; from that moment on, U. was a trespasser in the district's ditch. 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.
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. General Information, Legal Analysis & Research. The company carried out the second obligation by spraying until the late 1970s, when restrictions imposed by the Environmental Protection Agency on the use of herbicides forced a switch to clearing. See Smith v. City of Woodstock, 17 948, 955, 309 N. 2d 45, 49 (1974). ELECTRONIC MAIL: General Information: Engineering Information: Residential Permits: Commercial Permits: Billing / Accounts: Douglas R. Bell – District Attorney. But here we come up against the fact that none of the riparian owners is a party to this suit. Oakland County Board of County Road Commissioners v. JBD Rochester, LLC, 271 Mich. North Lawrence - Unmistakably Lawrence. App. Full audio from the meeting will continue to be posted on the county's website, as usual.
Before the 1903 flood, North Lawrence included four blocks west of what is now North Second Street. He did not amplify this conclusion. U. in its turn presented evidence that its efforts at dredging and clearing had been adequate, and any breaches of the contract trifling. The county takes the position that section 24 is unconstitutional and void, as violative of the provision of the constitution that "the property of no person shall be taken or damaged for public use without just compensation therefor. " Existing roads would be used and improved where feasible and several new access roads would need to be constructed as well. Have a story idea, news or information to share? Luis Ochoa, P. 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. – Assistant District Director. In Krueger v. Jenkins, 59 Neb. If you are driving and approaching Lawrence from I-70 East exit on US 59, or coming from the Lawrence Municipal Airport, you will go through North Lawrence. Neither Douglas county nor its citizens have any peculiar interest in it. 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. 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 funds will be available to restaurants, bars, coffee shops, bakeries, event spaces and hotels with full-service restaurants.
"So Roger meets the first test but not the second. The farm on the property — Burning Barrel, LLC — plans to create a seasonal event space that includes offering farm-to-table meals. Ordinarily the firm is an adequate representative of the web of interests of which it is the center. The issue of injunctive relief might stand differently if the district had succeeded in establishing an owner's right to exclude U. from the ditch. Its program plans to offer a $200 grant and a $50-a-month grant to licensed childcare organizations for remote learning and high-speed internet access, respectively. Commercial and Business Litigation. Contracts--especially when sought to be enforced many years after they were drafted--do not always mean what they appear to say, the meaning of a written contract as of any other text being a function of context as well as of semantics. None is complaining that U. is abusing its rights to the use of the river. State Bar of Michigan. Before WOOD, Jr. Douglas county kaw drainage district 5. and POSNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge. If you are looking for authentic Mexican fare, North Lawrence is the place to be! To require such proof would convert property rules into liability rules.
Take a coffee break at Uplift Coffee or find farm-fresh products at the North Lawrence Farmers Market on Sundays. Of course, en route to the alcohol plant, the water pumped into the river from U. The present case is analogous. Flooding is no longer the threat it once was, thanks to the Bowersock Dam. In the event the board shall allow such petition and order the lands detached from the drainage district, such detachment shall be effective as of the first day of March next following such order: Provided, That if such drainage district has outstanding any bonded indebtedness at the time such detachment of territory becomes effective, the lands so detached shall continue to be taxed for the purpose of paying such bonds and the interest thereon until the same have been retired. Douglas county law drainage district map. No con*772sent was given by the county authorities to cross the roads, and no condemnation proceedings had been liad. Said district may dig ditches and drains under and across railroads and public highways. " 's right to use the Kaskaskia River as a conduit for its water to its plant and to the towns that buy its excess water.
The district claims that as a result of U. Significant Decisions: - Grass Lake Improvement Board v. Michigan Department of Environmental Quality, 501 Mich. 907 (2017). In the case as it comes to us there is a fatal mismatch between on one side the only viable theories of liability--theories entitling the district to enjoin unreasonable conduct harmful to it--and on the other side the drastic remedy sought, which would make sense only if the district had proved that U. was a trespasser. G., Jacob & Youngs, Inc. Kent, 230 N. 239, 129 N. 889 (1921) (Cardozo, J. Oakland County Bar Association. However, in this case the ditch is a section of a river, and U. is a riparian owner, that is, an owner of property bordering on a river or other watercourse, or a lake. If it were not for the contract which of course lends legality to it from the inception, we might very well have a new admiralty question in useage [sic] and rights down below. " Office: (954) 680-3337 / Fax: (954) 680-3339. Powers v. United States Postal Service, 671 F. 2d 1041, 1044 (7th Cir. Expresses its willingness to reimburse the district for any such increment in cost, but denies that there has as yet been any. The remedy must be proportioned to the wrong. We attach little importance to these omissions. And as a matter of fact all the district has gained from terminating the contract thus far is the expense, heretofore borne by U. I., of maintaining the ditch. 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.
See Restatement, supra, Sec. Heck said that any bill paid by the board is done so by the board's vote. Parking is located on the southeast corner of the intersection of N. 2nd & Locust Streets. 954) 524-8526 / FAX (954) 524-8644. 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. 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. Upon termination (effective in 1987), U. stopped maintaining the ditch and the district took over responsibility for maintenance. Bermuda Container Line, Ltd. FX Coughlin Co., FMC Docket No. 2019 Amended & Repealed Statutes.
's pumping water into the ditch without paying that cost. Dunkin' Donuts Franchised Restaurants v. Mr. Omar, Inc., 2008 U. S. Dist. The district judge mentioned none of these vital issues. Alt v. State, 88 Neb. 's use of the river as a conduit, its own expense of maintaining its stretch of the river has been increased, and such a claim is readily stated in negligence terms.
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