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COUNTY DITCH NO. 86 v. PHILLIPS

Nos. C7-99-2051, C4-99-2105.

614 N.W.2d 756 (2000)

In the Matter of the Petition for IMPROVEMENT OF COUNTY DITCH NO. 86, BRANCH 1, COUNTY OF BLUE EARTH, Minnesota, Respondent, v. Blaine PHILLIPS, et al., Appellants. Wayne Pestka, et al., Appellants, v. County of Blue Earth, Krengel Brothers Construction, Inc., Respondents.

Court of Appeals of Minnesota.

July 25, 2000.

Attorney(s) appearing for the Case

Ross Arneson, Blue Earth County Attorney; and Arvid Wendland, Wendland Timmerman, P.A., Blue Earth, for respondent County of Blue Earth.

Charles K. Frundt, Frundt & Johnson, Ltd., Blue Earth, for appellants.

Considered and decided by DAVIES, Presiding Judge, HALBROOKS, Judge, and HUSPENI, Judge.

OPINION

HALBROOKS, Judge.

In the context of a petition for improvement of County Ditch No. 86, Branch 1, appellants Blaine Phillips and Wayne Pestka contend that the district court erred by dismissing, first, their challenge to the adoption of the amended viewers' report by respondent County of Blue Earth and, second, their separate action seeking a declaratory judgment and injunction to stop construction of the drainage project by respondent Krengel Brothers...

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