PESTKA v. COUNTY OF BLUE EARTH

No. C3-02-566.

654 N.W.2d 153 (2002)

Wayne PESTKA, et al., Appellants, v. COUNTY OF BLUE EARTH, Respondent.

Court of Appeals of Minnesota.

December 17, 2002.


Attorney(s) appearing for the Case

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

Ross Arneson, Blue Earth County Attorney, Mankato, MN; and Scott T. Anderson, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for respondent.

Considered and decided by HUDSON, Presiding Judge, PETERSON, Judge, and G. BARRY ANDERSON, Judge.


O P I N I O N

HUDSON, Judge.

This is the second appeal to this court arising from the petition for a drainage improvement to County Ditch # 86, Branch 1, in Blue Earth County. On appeal from summary judgment, appellants argue that the district court (a) erred in ruling that Minn.Stat. § 103E.511 (2002) gives the drainage authority the ability to approve a corrected report of the viewers; (b) should have ruled that Minn.Stat. §§ 103E.341 and...

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