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STENSRUD v. LYON COUNTY DITCH # 7

No. C1-99-1316.

609 N.W.2d 286 (2000)

Ruth STENSRUD, et al., Appellants, v. LYON COUNTY DITCH # 7, Respondent.

Court of Appeals of Minnesota.

Review Denied June 27, 2000.

Attorney(s) appearing for the Case

Steven J. Vatndal, Gislason & Hunter, LLP, Mankato, MN (for appellants).

Arvid Wendland, Wendland Timmerman, Blue Earth, MN (for respondent).

Considered and decided by RANDALL, Presiding Judge, AMUNDSON, Judge, and HUSPENI, Judge.

OPINION

DORIS OHLSEN HUSPENI,* Judge.

A downstream drainage authority challenges the trial court's denial of a permanent injunction against an improvement to an upstream drainage system's ditch. The upstream system claims the trial court erred in determining that (1) Minn.Stat. § 103E.401, subd. 2 (1996), required it to apply for an outlet permit from the downstream system and (2) the downstream system's claim for injunctive...

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