Summary of VII. Appeals and Other Litigation Summary of VII. Appeals and Other Litigation

Summary

A drainage authority’s actions under the drainage code are administrative. A drainage authority processing a petition for a proposed drainage project or repair acts in a quasi-judicial manner – the drainage authority receives evidence, draws conclusions, and makes orders. Typically, judicial review of quasi-judicial decisions made by an administrative body, like drainage authorities, is invoked by writ of certiorari to the court of appeals. However, the legislature provided for appeals to the district court from a final order of the drainage authority for any party adversely affected by the establishment of a drainage ditch or assessment relating to a drainage proceeding.

The drainage code bifurcates the appeal process by separating appeals relating to the establishment of a project and appeals relating to the benefits and damages resulting from the project. Establishment appeals are tried before the court, while benefits and damages appeals are tried to a jury. The filing of an establishment appeal stays any proceedings in a benefits and damages appeal until the initial establishment question is resolved.

The following types of appeals for judicial review are outlined within Section VII:

• Appeals of orders establishing a drainage system (Section VII, A.1);
• Appeals of the benefits assessed and damages awarded (Section VII, A.2);
• Tax assessment appeals (Section VII, B);
• Extraordinary remedies such as injunctions, mandamus, and writs of certiorari (Section VII, C); and
• Crimes related to drainage systems and penalties (Section VII, D).