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IN RE COUNTY DITCH # 50, FARIBAULT COUNTY

No. 41890.

177 N.W.2d 54 (1970)

In re petition for improvement, establishment and construction of Lateral H to COUNTY DITCH #50, FARIBAULT COUNTY. Sherman OLSON and David Peterson, Appellants, v. COUNTY OF FARIBAULT, Respondent.

Supreme Court of Minnesota.

May 8, 1970.

Attorney(s) appearing for the Case

Putnam, Spencer & Johnson, Blue Earth, for appellants.

Frundt, Hibbs & Frundt, Blue Earth, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

FRANK T. GALLAGHER, Justice.

Appeal from the district court's order dismissing appellants' appeal from an order of the Board of County Commissioners of Faribault County.

This case involves the proposed construction of a lateral drain which will empty into County Ditch No. 50, which was constructed in 1917. The property alongside the proposed Lateral H is drained by a private tile, which empties into Ditch No. 50. The owners of this property...

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