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MATTER OF ESTAB. OF COUNTY DITCH NO. 11

No. C0-93-1911.

511 N.W.2d 54 (1994)

In the Matter of the PETITION FOR the ESTABLISHMENT OF COUNTY DITCH NO. 11 (BEVENS CREEK), COUNTY OF CARVER, State of Minnesota.

Court of Appeals of Minnesota.

Review Denied March 31, 1994.

Attorney(s) appearing for the Case

Robert A. Nicklaus, Chaska, for appellants-petitioners.

Michael A. Fahey, Carver County Atty., Chaska, for respondent Carver County.

Considered at Special Term and decided by ANDERSON, C.J., and SCHUMACHER and AMUNDSON, JJ.

SPECIAL TERM OPINION

ANDERSON, Chief Judge.

FACTS

On January 26, 1993, respondent Carver County Board of Commissioners (board), as drainage authority, dismissed appellant landowners' (landowners) petition to establish a drainage system. See Minn.Stat. § 103E.005, subds. 9, 4 (1992) (a county board may serve as a drainage authority). The board ordered landowners to reimburse the board $81,222.35 for "costs and expenses" it incurred on...

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