Meriwether v. Board of Directors of St. Francis Levee District
Opinion of the Court
(after stating the facts as above). The appellant contends that the obstruction of Fletcher bayou, and the consequent accumulation of water upon his land, constitutes a nuisance
The Constitution and statutes of Arkansas require that full compensation be made for property taken or damaged for a public use. Section 2734 of Sanders & Hill’s Digest of Arkansas Statutes further enacts that “whenever any corporation authorized by law to appropriate private property for its use, shall have entered upon and appropriated any property, real or personal, the owner of such property shall have the right to bring an action against such corporation in the circuit court of the comity in which such property is situated, for damages for such appropriation”; and the measure of recovery is declared by the following section to he the same as that governing proceedings by corporations for the condemnation of property. The general statute of the state dealing with the subject of levees (section 4705) requires the jury to assess and award all damages that are sustained by reason of the levee.
The bill leaves us in doubt whether the complainant asked that an opening be made in the levee, or an independent system of drainage constructed. If the latter was the relief sought, the court had no power to command such affirmative action by the defendant. Vicksburg v. Vicksburg Waterworks Co., 202 U. S. 453, 471, 26 Sup. Ct. 660, 50 L. Ed. 1102.
The bill avers that after full investigation the board of directors refused to adopt either of these suggested courses, but alleges no facts which impugn the wisdom or honesty of their judgment. The trial court was therefore right in holding that upon the face of the bill an action at law to recover damages for property taken or injured would be a complete redress of his wrongs. If, when he has established his right at law, it shall appear upon a full disclosure of the facts that equitable relief is necessary to afford him complete redress, he can then appfy to equit)'- upon a proper showing. We think, however, that the right of the complainant to resort not only to law but to equity, if need be, after he has established his right at law, should have been left entirely plain by the decree of the court below; and, in order to remove all possible doubt on that subject, the decree of the court below will be modified so as to read that the bill be dismissed for want of equity, but without prejudice to further proceedings. As so modified, the decree is affirmed, with costs in favor of the appellee.
Reference
- Full Case Name
- MERIWETHER v. BOARD OF DIRECTORS OF ST. FRANCIS LEVEE DISTRICT
- Cited By
- 2 cases
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- Published
- Syllabus
- 1. Revues (§ 15*) — Construction’—Mode oe Doing Work — “Necessary” Acts. 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. [Ed. Note. — For other cases, see Revees, Cent. Dig. § 10; Dec. Dig. § 15.* For other definitions, see Words and Phrases, vol. 5, pp. 4705-4710; voh 8, p. 7729.] 2. Revees (§ 9*) — Revee Districts —Discretionary Powers — Review by Courts. 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. [Ed. Noto.- — For other eases, see Revees, Cent. Dig. § 18; Dec. Dig. § 9.*J 3. Revees (§ 19*) — Damages from Construction — Adequate Remedy at Raw. 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. > [Ed. Note. — For other cases, see Levees, Cent. Dig. § 10; Dec. Dig. § 19.*]