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PETITION OF ITTEL

No. C3-85-1694.

386 N.W.2d 387 (1986)

In the Matter of the Petition of Charles ITTEL, et al., for Judicial Ditch No. 23 in the Counties of Carver and Sibley, State of Minnesota.

Court of Appeals of Minnesota.

Review Denied July 16, 1986.

Attorney(s) appearing for the Case

Robert A. Nicklaus, Mary Kendall Adler, Chaska, for appellants.

Paul A. Melchert, Timothy J. Looby, Waconia, for respondents.

Heard, considered and decided by WOZNIAK, P.J., and HUSPENI and RANDALL, JJ.

OPINION

HUSPENI, Judge.

The trial court concluded that the Joint County Ditch Board of Carver and Sibley counties acted arbitrarily and unlawfully in establishing judicial ditch number 23 and vacated the order. The trial court remanded the case to the Ditch Board for a redetermination of benefits and damages. Appellants, the original petitioners seeking establishment of the ditch, argue that the trial court's finding that the Ditch Board acted arbitrarily...

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