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ADELMAN v. ONISCHUK

Nos. 39569, 39608.

135 N.W.2d 670 (1965)

Joseph A. ADELMAN and Joseph W. Kennealy, individually and as representatives of all persons in Dakota County, Minnesota, owning land in the Lower Minnesota River Watershed District, Respondents, v. Carl ONISCHUK, Dakota County Auditor, et al., Respondents, and Lower Minnesota River Watershed District, Appellant.

Supreme Court of Minnesota.

May 18, 1965.

Attorney(s) appearing for the Case

Erickson, Popham, Haik & Schnobrich, Raymond A. Haik and Robert A. Minish, Minneapolis, for appellant.

Grannis & Grannis, South St. Paul, Kempf & Ticen, Minneapolis, for plaintiff-respondents.

J. Jerome Kluck, County Atty., Hastings, for respondent-Co. Auditor and others.

Brink & Sobolik, Hallock, Weaver, Talle & Herrick, Anoka.

Robert W. Mattson, Atty. Gen., Frank J. Murray, Deputy Atty. Gen., Victor J. Michaelson, Lawrence J. Vaubel, Sp. Asst. Attys. Gen., St. Paul, Bundlie, Kelley & Torrison, and James C. O'Neill, St. Paul, Amici Curiae.

NELSON, Justice.

Appeals from an order and the judgment entered pursuant thereto enjoining the Lower Minnesota Watershed District (hereinafter referred to as the District) from proceeding further in carrying out a planned improvement of a portion of the Minnesota River.1

Plaintiffs commenced this action on February 21, 1964, contending that the Minnesota Watershed Act, Minn.St. c. 112, was unconstitutional and seeking an injunction...

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