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IN RE WINTER v. DISTRICT COURT

No. 43344.

208 N.W.2d 725 (1973)

In re Petition of M. E. WINTER, et al., for the Establishment of a Judicial Ditch to be known as Judicial Ditch No. 11, in Waseca and Blue Earth Counties, State of Minnesota, Department of Natural Resources, by Robert L. HERBST, its Commissioner, Appellant, v. DISTRICT COURT, Respondent.

Supreme Court of Minnesota.

June 1, 1973.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Curtis Forslund, Sol. Gen., William G. Peterson, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Nelson, Casey, Tripp & Dow and Byron J. Casey, Owatonna, Harvey E. Gardner, Janesville, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, and TODD, JJ. Reconsidered and decided on the record by the court en banc.

KELLY, Justice.

The state, which was assessed for benefits in an order of the district court establishing Judicial Ditch No. 11 in Waseca and Blue Earth Counties, appeals from the order. The state claims that conditions attached to the permit required to be obtained from the commissioner of natural resources in order to construct the ditch precluded the assessment of benefits to the state resulting therefrom. We remand...

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