Reynolds v. Mile Grove Special Drainage District

Citations

• 134 Ill. 268

Syllabus

<p>1. Drainage law—change in the plan or system—of a second assessment—notice of such change. It is the duty of the commissioners of drainage districts first to adopt a plan or system of drainage which will protect all the lands in their district, and then to classify the lands to-be benefited thereby. If, at any time before the completion of the work, the plans are found to be deficient to accomplish the purpose intended, the commissioners are empowered, by implication, to change the same, and may levy an additional assessment to make the necessary changes.</p> <p>2. No notice is necessary of the change of the plans in a drainage district, or of a levy of a second assessment occasioned thereby, when such change becomes necessary to protect all of the lands assessed.</p> <p>3. Chancery—irregularities in assessment—under the Drainage law. Where the officers of a drainage district are authorized by law to make a particular assessment, and there is no fraud, mere irregularities in the proceedings under which the assessment is made will not give a court of chancery jurisdiction to restrain its collection.</p>