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IN RE COUNTY DITCH NO. 13, POPE COUNTY

No. 45701.

242 N.W.2d 827 (1976)

In re Petition to Abandon COUNTY DITCH NO. 13, POPE COUNTY, Minnesota.

Supreme Court of Minnesota.

April 9, 1976.

Attorney(s) appearing for the Case

Winter, Lundquist, Sherwood & Athens, and Marvin E. Lundquist, Wheaton, for appellants.

Holmquist & Holmquist and Roy W. Holmquist, Benson, for respondents.

Heard before OTIS, PETERSON and YETKA, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

Landowners who petitioned for abandonment of a county drainage ditch pursuant to Minn.St. 106.661 and obtained from the Board of County Commissioners of Pope County an order authorizing such abandonment appeal from an order of the district court which vacated the board's order. We reverse.

The statute provides that "if it appears the ditch serves any useful purpose to any lands or property...

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