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PETITION OF ZIMMER

No. C1-82-1534.

359 N.W.2d 266 (1984)

In the Matter of the Petition of Frank E. ZIMMER and Others for the Repair of County Ditch No. 9 of the County of Kandiyohi, Minnesota. STATE of Minnesota, by the MINNESOTA DEPARTMENT OF NATURAL RESOURCES, Appellant, v. KANDIYOHI COUNTY, Acting By and Through its BOARD OF COMMISSIONERS, Respondent.

Supreme Court of Minnesota.

December 7, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., Donald A. Kannas, Tibor M. Gallo, Sp. Asst. Attys. Gen., St. Paul, for appellant.

George E. Hulstrand, Willmar, for respondent.

Heard, considered, and decided by the court en banc.

YETKA, Justice.

A petition was filed for repair of drainage ditch No. 9 situated in Kandiyohi County, Minnesota. The county board authorized the repair of the drainage ditch, and the state appealed the order to the district court and also commenced injunctive proceedings under the Minnesota Environmental Rights Act. The trial court denied the injunction and affirmed the county board's order for the repair of drainage ditch No. 9. We reverse and remand.

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