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PETITION FOR IMPR. OF MURRAY COUNTY DITCH

No. CX-98-2194.

615 N.W.2d 40 (2000)

In the Matter of the PETITION FOR IMPROVEMENT OF MURRAY COUNTY DITCH NO. 34.

Supreme Court of Minnesota.

Rehearing Denied August 29, 2000.

Attorney(s) appearing for the Case

Jeff C. Braegelmann, Gislason & Hunter, L.L.P., New Ulm, for appellant.

Leland Bush, Tyler, for respondent.

Gerald W. Von Korff, Rinke-Noonan, St. Cloud, for amicus curiae.

Paul M. Malone, Murray County Atty., Slayton, for Murray County.

Heard, considered and decided by the court en banc.

OPINION

STRINGER, Justice.

Murray County Ditch 34 was originally constructed between 1914 and 1916 and runs for several miles through Skandia and Ellsborough Townships in Murray County, Minnesota. Its condition has substantially deteriorated since its construction. On September 14, 1993, respondents filed a petition for improvement of the ditch with the county drainage authority, requesting an improvement to the buried main tile system. After conducting...

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