Luckehe

This is an appeal from a judgment of nonsuit in an action to annul an assessment levied against plaintiff’s property situated in Reclamation District No. 2054, in Sutter and Butte Counties, on the ground that said property was illegally included within said district, not being the character of swamp and overflow land subject to reclamation as provided by statute.

The action was brought under the provisions of section 3462 of the Political Code of the state of California. The complaint alleges the formation of the reclamation district pursuant to the provisions of title 8, chapter 1, article II, of the Political Code; that the plaintiff is the owner of the land in question; that his land was included within the boundaries of the reclamation district by order of the board of supervisors of Sutter County, April 21, 1921; that prior thereto plaintiff had expended large sums of money and performed labor widening and deepening Snake River adjacent to his property, and connected ditches therewith, through his property, so as to thoroughly reclaim and drain the property; that at the time of the formation of Reclamation District No. 2054 his property was not swamp or overflow land, and…