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SWENSON v. COUNTY OF NORMAN

No. 43936.

210 N.W.2d 242 (1973)

In re Petition of Carroll Swenson, et al., to the District Court of Norman County for the Purpose of Recording an Objection to Tax on Land, etc. Carroll SWENSON, et al., objectors, Appellants, v. COUNTY OF NORMAN, Respondent.

Supreme Court of Minnesota.

August 24, 1973.

Attorney(s) appearing for the Case

Lamb, Schaefer & McNair, and Michael D. McNair, Moorhead, for appellants.

Oliver E. Austinson, County Atty., Ada, Warren Spannaus, Atty. Gen., William G. Peterson, Sp. Asst. Atty. Gen., St. Paul, for respondent.

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

PER CURIAM.

This is an appeal from a district court judgment entered on the order of the trial court dismissing objections, made pursuant to Minn.St. c. 278, of a number of landowners to an assessment for the repair of Norman County Ditch No. 6. Objectors challenge the assessment on two main grounds: First, that the work performed on the ditch constituted an improvement, not a repair, and that therefore the county board should have followed procedures provided by...

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