Landowners can appeal the decision to approve or disapprove, can appeal the amount of benefits or damages determined. Landowners can appeal a decision to authorize or approve payment. An appeal must be made within the time limits established by the Drainage Code. More About Appeals. Appeals from the final order are handled in two parts.
Appeals attacking the decision to go forward with the project go first.
The appeal is handled by a judge who decides the case without a jury. Environmental appeals are handled here as well. The Judge will consider the record of proceedings before the Drainage Authority, but he will also take additional evidence. These cases can be tried to a jury, unless both parties waive the jury. In this phase, the court also decides whether the total cost of the project exceeds the total benefits.