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STEVENS v. STATE BY HEAD

No. 42627.

190 N.W.2d 482 (1971)

Petition of Ronald W. STEVENS et al. for the establishment and construction of Lateral "C" of Chippewa County Ditch No. 22, Respondents, v. STATE of Minnesota, by Douglas M. HEAD, its Attorney General, Appellant.

Supreme Court of Minnesota.

October 1, 1971.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Will Hartfeldt, Deputy Atty. Gen., Richard C. Hessburg, William G. Peterson, Special Asst. Attys. Gen., St. Paul, for appellant.

Nelson, Oyen & Torvik, Montevideo, for respondents.

Heard before KNUTSON, C. J., and MURPHY, OTIS, ROGOSHESKE, and PETERSON, JJ.

OPINION

OTIS, Justice.

This appeal arises out of a proceeding to construct a public ditch designated as Lateral "C" of Chippewa County Ditch No. 22. The project was approved by the county commissioners whose order establishing the lateral was affirmed on appeal to the district court. Because the Grace Wetlands Unit, a conservation area owned by the State of Minnesota, will be damaged by the diversion of surface water as a result of constructing the lateral...

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