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LAHMAN v. COMMISSIONER OF HIGHWAYS

No. 49072.

282 N.W.2d 573 (1979)

Fred LAHMAN and Marie Lahman, Respondents, v. COMMISSIONER OF HIGHWAYS, Appellant.

Supreme Court of Minnesota.

August 17, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., Peter F. Nelson, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Smith, Carpenter, Petterson & Bailey, and Jay R. Petterson, Bemidji, for respondents.

Heard before SHERAN, C. J., YETKA and MAXWELL, JJ., and considered and decided by the court en banc.

SHERAN, Chief Justice.

This is an appeal from an order of the Beltrami County District Court compelling the Department of Transportation to install a highway culvert to re-establish the flow of water across petitioners' property as it existed prior to the construction of new Highway No. 71. We affirm.

Petitioners Fred and Marie Lahman own property north of Bemidji adjacent to Highway No. 71. Prior to construction of the new Highway No. 71, drainage water from...

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