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MATTER OF REPAIR & IMP. OF JUD. DITCH NO. 9

No. CX-85-1109.

386 N.W.2d 358 (1986)

In the Matter of the REPAIR AND IMPROVEMENT OF JUDICIAL DITCH NO. 9 FREEBORN COUNTY, Minnesota. Robert D. MAXWELL, et al., Respondents, v. COUNTY OF FREEBORN, Appellant.

Court of Appeals of Minnesota.

May 6, 1986.

Attorney(s) appearing for the Case

Byron J. Casey, George E. Dow, Owatonna, for respondents.

Craig S. Nelson, Albert Lea, for appellant.

Heard, considered and decided by RANDALL, P.J., and PARKER and FOLEY, JJ.

OPINION

FOLEY, Judge.

Freeborn County Board of Commissioners appeals from a May 7, 1985 judgment dismissing its petition for improvement of an existing drainage system under Minn. Stat. § 106.501 (1984). We affirm.

FACTS

Judicial Ditch No. 9 was originally established in 1923 and lies entirely in Freeborn County. The system is composed of a main tile line which empties into an open ditch; the open ditch then empties into a larger tile...

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