Concerned Citizens v. Pine Creek Cons. Dist.
429 U.S. 651 (1977)

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U.S. Supreme Court

Concerned Citizens v. Pine Creek Cons. Dist., 429 U.S. 651 (1977)

Concerned Citizens of Southern Ohio, Inc. v.

Pine Creek Conservancy District

No. 76-667

Decided February 22, 1977

429 U.S. 651

Syllabus

Where the District Court rejected all of appellants' challenges to the constitutionality of an Ohio statute establishing procedures for the organization and governance of conservancy districts (political subdivisions of the State invested with the power to carry out flood prevention and control measures), on the sole ground that such challenges were foreclosed by Orr v. Allen,248 U. S. 35, but none of the issues presented was raised or passed upon in Orr, the District Court's judgment is reversed and the case is remanded for a full consideration of such issues.

Reversed and remanded.

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