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IN RE PETITION OF CARLSON

No. 43140.

202 N.W.2d 889 (1972)

In re Petition of Stanley CARLSON et al., for County Ditch No. 71 in the County of Lyon, State of Minnesota, Respondents. STATE of Minnesota, By Douglas M. HEAD, its Attorney General, Appellant, v. COUNTY OF LYON, Respondent-below.

Supreme Court of Minnesota.

November 17, 1972.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., John M. Mason, Solicitor Gen., C. Paul Faraci, Deputy Atty. Gen., William G. Peterson, Special Asst. Atty. Gen., St. Paul, for appellant.

P. M. Meehl and Irving J. Wiltrout, Marshall, for respondents.

Heard and considered en banc.

PER CURIAM.

This case originated when petitioners sought the establishment and construction of a ditch system in Lyon County as provided by Minn.St. 106.031. The Good Medicine Wildlife Management Area is state-owned property which lies adjacent to the proposed ditch. The wildlife area consists of 56.1 acres of wetlands owned and maintained by the state for the propagation of game and for public hunting. In the proceedings to establish the ditch, the state maintained...

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