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OLDENBORG v. HYLEN

No. 41977.

176 N.W.2d 78 (1970)

In re Petition of Harley J. OLDENBORG, et al., for Improvement of County Ditch No. 27, Blue Earth County, Respondents, v. Swen L. HYLEN and Irene E. Hylen, Appellants.

Supreme Court of Minnesota.

March 26, 1970.

Attorney(s) appearing for the Case

David R. Teigum, Madelia, for appellants.

McLean, Peterson, Sullivan & Etzell, Mankato, John R. Thomas, Lake Crystal, for respondents.

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

OPINION

PETERSON, Justice.

This is an appeal from an order of the district court confirming an order of the Board of County Commissioners, Blue Earth County, establishing an improvement of Blue Earth County Ditch No. 27 and dismissing the appeal of objectors in the proceedings.

The sole issue for decision is whether the whole of the proposed project constitutes an "improvement" of an existing drainage system...

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