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BALBACH v. MOE

No. 42373.

200 N.W.2d 901 (1972)

In re petition of Lynn BALBACH, et al., for establishment and construction of County Ditch No. 69 of Brown County, Respondents, v. Clarence L. MOE, Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 13, 1972.

Attorney(s) appearing for the Case

Somsen & Dempsey, New Ulm, for appellant.

Everett L. Young, New Ulm, for respondents.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, and TODD, JJ.

ROGOSHESKE, Justice.

Clarence L. Moe appeals from an order of the district court affirming an order of the Board of County Commissioners of Brown County establishing County Ditch No. 69. The ditch as approved will divert the runoff of surface waters from some of the watershed acreage of meandered Boise Lake. While such a diversion could effect drainage of a meandered lake within the contemplation of Minn.St. 106.021, subd. 2, approval by the commissioner of natural...

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