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IN RE LATERAL 2-A OF JUDICIAL DITCH NO. 36

No. 42547.

185 N.W.2d 701 (1971)

In re LATERAL 2-A OF JUDICIAL DITCH NO. 36 IN REDWOOD AND BROWN COUNTIES, Minnesota. Arnold J. BAUER and Frances E. Bauer, Appellants, v. REDWOOD COUNTY, Respondent.

Supreme Court of Minnesota.

April 2, 1971.

Attorney(s) appearing for the Case

Everett L. Young and Terence Dempsey, New Ulm, for appellants.

Paul Ter Steeg, Redwood Falls, for respondent.

Heard before KNUTSON, C. J., and MURPHY, PETERSON, KELLY, and ODDEN, JJ.

OPINION

PETERSON, Justice.

This is an appeal from an order of the district court affirming an order of the county board of Redwood County establishing and ordering the construction of Lateral 2-A of Judicial Ditch No. 36 of Redwood and Brown Counties.

The sole issue is whether the engineer, in making his preliminary survey and report under Minn.St. 106.081, made such substantial changes in the drainage plan proposed in the petition as to render the...

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