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SANDT v. HYLEN

No. 43159.

195 N.W.2d 831 (1972)

In re Petition of Robert A. SANDT, et al., for the Improvement of County Ditch No. 27 of Blue Earth County, Minnesota, Respondents, v. Swen L. HYLEN, et al., Appellants.

Supreme Court of Minnesota.

March 3, 1972.

Attorney(s) appearing for the Case

David Teigum, Madelia, for appellants.

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

Heard before KNUTSON, C. J., and OTIS, PETERSON, KELLY, and TODD, JJ.

PER CURIAM.

This is the second appeal which challenges the validity of attempts by the county board of Blue Earth County to establish the improvement of County Ditch No. 27.1 The issues raised are, first, whether property owners not assessed for the original construction in 1911 may now be assessed if found to be benefited; and, second, whether the engineer's fees incurred in the prior proceeding reviewed by us must be paid by these petitioners...

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