Letter to the Editor

Drainage District 37

Monday, August 17, 2020

I'm writing this letter concerning actions taken by the Clay County Board of Supervisors acting as trustees for Drainage District 37 in Clay county the past several years.

My name is David Wyatt. I am a landowner in Drainage District 37 of Clay County. I am also one of the plaintiffs in two lawsuits we have had to bring against this board of trustees. In the first case, they denied our remonstrance even though a majority of the landowners objected against the $3.678 million dollar improvement project to our drainage ditch but they litigated that we were 1.5% short of the required land ownership to pass the remonstrance even though we had the required amount of landowners.

In the second case they denied our petition for election of private trustees even though again a majority of the landowners signed the petition in favor of the takeover. We appealed their decision in district court. Judge Borth ruled in our favor on this case and even turned down the appeal made by the supervisors. All the while, the attorneys fees accrued by supervisors have been charged to the drainage district. This amount is in the upper five figures to date. In essence we have been paying their attorney to litigate us.

To date, the supervisors have been undecided if they want to continue their appeal process, again charging the legal fees to us. I strongly object to this process.

Supervisors, you are not doing your duty to serve as trustees. You have violated the trust and confidence of the people you are supposed to serve and have totally stepped outside the bounds of your fiduciary duty. You have spent over $200,000 of our money on engineering fees alone and when added to the legal fees previously mentioned total over $300,000. There is no way this can be construed as responsible fiduciary duty and is absolutely shameful.

David Wyatt, Ruthven