Plaintiffs, who are owners of lands and lots situated within the Morrill Drainage District in Scott’s Bluff county, brought this suit against the defendants as directors and secretary, respectively, of the drainage district, to enjoin them from issuing or selling any securities based upon any apportionment of benefits attempted to be made on March 22, 1913, to property located within the district, and from issuing any bonds, warrants or other securities pledging the faith and credit of the district in carrying out the terms of an alleged illegal and void contract, entered into by the district with the United States government, and praying that such contract be declared illegal and void, and that defendants be enjoined from executing or carrying out any of the terms of said contract or from expending any moneys of the district in the carrying out or execution of the same, and that defendants be enjoined from apportioning any benefits to or levying or collecting any taxes or special assessments against the lands of the plaintiffs for the benefit of the district. The court found generally for the defendants, dissolved the temporary injunction, which had been theretofore issued, and dismissed the suit at the costs of plaintiffs. Plaintiffs appeal.
Three points are urged for reversal: (1) That the apportionment on March 22, 1913, was a reapportionment, and that notice of hearing on such reapportionment had not been given in the manner and for the time required by law; (2) that, as a matter of fact, no apportionment of benefits or levy was actually made on March 22; and (3) that a certain contract, made by the district with the United States Reclamation Service October 29, 1912, was ultra vires.
The argument in support of the first point is that notice was not published for ten days, as required by section 5636x4, Ann. St. 1911. It is contended, in opposition to the argument of plaintiffs, that the apportionment made March 22, 1913, was an original apportionment, and not a reapportionment. This contention is sound.
Point 3 relates to a contract which had been entered into between the drainage district and the United States through its duly constituted officers of the United States Reclamation Service. This contract provided that, for a consideration of $7,500, to be paid by the United States to the drainage district, the drainage district was to construct and complete the ditch in accordance with plans and specifications, approved by the proper officers of the United States Reclamation Service; described the lands in which the United States is directly interested, dividing them into what they termed the “west system” and the “east system;” provided that the drainage district should procure the right of way for the government portions of the work before payment of the money should be made, which right of way should be 50 feet in width; that the United States should have the use of the ditches for a waterway for the conveyance of waters drained thereto from its main canal or other works of its project, “limited, however, to the carrying capacity of such ditches in excess of that necessary for the conducting of seepage and drainage water arising within the district;” that the United States might use such ditches for drainage and waterways.
The writer has examined the contract in the light of the points urged, and is of opinion that its terms are within the provisions of section 1893, Rev. St. 1913, and that the contract is not ultra vires, bu,t will not take the time and use the space necessary to a discussion of that question, for the reason that the plea of estoppel, interposed by the defendants, is well sustained and disposes of the appeal. On the trial below, the facts upon which the estoppel is based were stipulated. This stipulation admits the meeting of the board of directors of the district on
It follows that the district court did not err in denying an injunction and dismissing the suit of plaintiffs.
Affirmed.