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ZALUCKYJ v. RICE CREEK WATERSHED DIST.

No. C2-01-1083.

639 N.W.2d 70 (2002)

Alex ZALUCKYJ, et al., Appellants, v. RICE CREEK WATERSHED DISTRICT, Respondent, STATE of Minnesota, Department of Natural Resources, et al., Respondents, Minnesota Center for Environmental Advocacy, Respondent.

Court of Appeals of Minnesota.

Review Denied April 16, 2002.

Attorney(s) appearing for the Case

Paul R. Haik, Krebsbach Haik, Ltd., Minneapolis, for appellants.

Thomas M. Scott, Campbell Knutson, P.A., Eagan, for respondent Rice Creek Watershed District.

Mike Hatch, Attorney General, Matthew B. Seltzer, Peter L. Tester, Assistant Attorneys General, St. Paul, for respondents Department of Natural Resources, et al.

Janette Brimmer, St. Paul, MN, for Minnesota Center for Environmental Advocacy.

Considered and decided by TOUSSAINT, Chief Judge, HALBROOKS, Judge, and FOLEY, Judge.

OPINION

FOLEY, Judge.*

Appellant landowners, who contended that their land was being flooded due to overflow from a public ditch, filed a declaratory judgment complaint and a petition for writ of mandamus in district court. They sought an order requiring, in relevant part, that the watershed district remove obstructions and repair and maintain the ditch. In the alternative, they sought a writ of mandamus ordering the watershed...

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