BUTTERLY et al. v. BOARD of COM'RS of GARVIN COUNTY.

BUTTERLY et al. v. BOARD of COM'RS of GARVIN COUNTY.
1932 OK 389
13 P.2d 209
157 Okla. 161
Case Number: 22318
Decided: 05/17/1932
Supreme Court of Oklahoma

BUTTERLY et al.
v.
BOARD of COM'RS of GARVIN COUNTY.

Syllabus

¶0 1. Drains--Right of Landowners to Damages From Creation of Drainage District -- Appeal From Board of Commissioners to District Court.
Under the provisions of chapter 38 (sections 6039-6091), C. O. S. 1921, all persons whose lands are situated without the drainage district and which may be damaged by the creation and establishment of a drainage district may obtain compensation therefor by appearing before the board of county commissioners, acting as drainage commissioners, and have their claims acted upon, and, if not satisfied with their decisions, such persons may appeal therefrom to the district court. Carson v. Oklahoma Dredging Co., 152 Okla. 147, 4 P. (2d) 71.
2. Same--Demurrer to Petition for Injunction Against Constructing Ditch Properly Sustained.
Record examined; held, that there was no error in sustaining the demurrer to plaintiffs' petition.

Appeal from District Court, Garvin County; Tom P. Pace, Judge.

Injunction by John Butterly and another against the Board of County Commissioners of Garvin County, acting drainage commissioners. Demurrer to petition sustained, and plaintiffs appeal. Affirmed.

R. E. Bowling and George M. Nicholson, for plaintiffs in error.
Homer L. Hurt, Co. Atty., Blanton, Osborn & Curtis, and Albert Rennie, for defendants in error.

McNEILL, J.

¶1 This case presents substantially the same question as decided this day, by this court, in the case of Hoover et al. v. Board of County Commissioners of Garvin County (No. 22317), 157 Okla. 225, 13 P.2d 207; the essential difference being that the plaintiffs reside outside of the drainage district, owning property between the mouth of the drainage ditch and the Washita river.