HOLDEN v. COUNTY OF LE SUEUR

No. 45255.

232 N.W.2d 806 (1975)

In re Petition of Thomas R. Holden, et al., for the Establishment and Construction of County Ditch No. 71 of Le Sueur County, Minnesota. Thomas R. HOLDEN, et al., Petitioners, Respondents, Donovan L. Boisen, et al., Appellants, James R. Byrne, et al., Appellants, v. COUNTY OF LE SUEUR, Minnesota, Respondent.

Supreme Court of Minnesota.

August 29, 1975.


Attorney(s) appearing for the Case

Mellby & Norris and Theodore R. Mellby, Montgomery, for Boisen, and others.

Miller Law Office and Raphael J. Miller, Gaylord, for Byrne, and others.

Young & Moriarty, Everett L. Young and Patrick J. Moriarty, New Ulm, for Holden, and others.

Harry F. Christian, County Atty., LeCenter, for County of Le Sueur.

Heard before TODD, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.


MacLAUGHLIN, Justice.

On August 8, 1972, a petition was filed with the Le Sueur County Board of County Commissioners requesting the establishment of a drainage ditch in the northern part of Le Sueur County. On January 8, 1974, the county board ordered establishment of the ditch, which was designated as County Ditch No. 71. Pursuant to Minn.St. 106.631, the board's order was appealed to district court. The district court, after trial without a jury and without preparing...

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