Meriwether v. Board of Directors of St. Francis Levee District

Citations

• 165 F. 317
• 91 C.C.A. 285
• 1908 U.S. App. LEXIS 4757

Syllabus

<p>1. Revues (§ 15*) — Construction’—Mode oe Doing Work — “Necessary” Acts.</p> <p>In determining what is reasonably necessary in making a public improvement, and what the authorities having it in charge are therefore empowered to do, the word “necessary” is not to be construed as meaning indispensable, but includes whatever is appropriate and convenient to render the improvement effective.</p> <p>[Ed. Note. — For other cases, see Revees, Cent. Dig. § 10; Dec. Dig. § 15.*</p> <p>For other definitions, see Words and Phrases, vol. 5, pp. 4705-4710; voh 8, p. 7729.]</p> <p>2. Revees (§ 9*) — Revee Districts —Discretionary Powers — Review by Courts.</p> <p>The board of directors of a levee district created for the purpose of constructing and maintaining a levee along the Mississippi to protect adjoining lands from overflow are necessarily vested with a wide discretion in the choice of means and methods, and, if they act in good faith and on reasonable grounds, their judgment cannot be set aside by the courts.</p> <p>[Ed. Noto.- — For other eases, see Revees, Cent. Dig. § 18; Dec. Dig. § 9.*J</p> <p>3. Revees (§ 19*) — Damages from Construction — Adequate Remedy at Raw.</p> <p>Under the Constitution and statutes of Arkansas, an owner of land which is injured by overflow as the direct result of the building of a levee by a levee district in the exercise of the powers conferred upon it is given a full and complete remedy at law by the recovery of damages as for a taking of his property for a public use, and a federal court is without ' jurisdiction to grant equitable relief, at least until his remedy at law has been proven inadequate. ></p> <p>[Ed. Note. — For other cases, see Levees, Cent. Dig. § 10; Dec. Dig. § 19.*]</p>