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COUNTY OF SWIFT v. BOYLE

No. C3-91-1347.

481 N.W.2d 74 (1992)

The COUNTY OF SWIFT, Appellant, v. Bill BOYLE, Pope County Auditor, Respondent. The COUNTY OF SWIFT, Appellant, v. Dick BLUTH, Stevens County Auditor, Respondent. Ed WILSON, et al., Respondents, v. The COUNTY OF POPE, et al., The County of Stevens, et al., Respondents. The COUNTY OF POPE, et al., third-party plaintiffs, Respondents, v. The COUNTY OF SWIFT, et al., third-party defendants, Appellants.

Court of Appeals of Minnesota.

Review Denied March 26, 1992.

Attorney(s) appearing for the Case

Eric J. Magnuson, Amy K. Adams, Rider, Bennett, Egan & Arundel, Minneapolis, DePaul Willette, Willette, Kraft, Walser, Nelson & Hettig, Olivia, for Swift County.

Belvin Doebbert, Asst. Pope County Atty., Nelson, Obenland & Doebbert, Glenwood, for Boyle.

Charles C. Glasrud, Stevens County Atty., Morris, for Bluth.

Kurt A. Deter, Gerald W. Von Korff, Rinke-Noonan, St. Cloud, David McLaughlin, Pflueger, Knuz & McLaughlin, P.A., Ortonville, for Wilson, et al.

Considered and decided by SHORT, P.J., and SCHUMACHER and KLAPHAKE, JJ.

OPINION

KLAPHAKE, Judge.

Swift County challenges the trial court's refusal to issue a writ of mandamus requiring Pope and Stevens County auditors to file ditch assessments against land in those counties for benefits attributable to a ditch built by and located in Swift County. We affirm.

FACTS

Swift, Stevens and Pope Counties established a joint ditch authority, Joint Ditch 9,1 having a watershed which included...

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