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IN RE BD. OF MANAGERS OF BOIS DE SIOUX WATERSHED

No. A11-1875.

818 N.W.2d 583 (2012)

In re the Appeal from the Final Order of the BOARD OF MANAGERS OF the BOIS DE SIOUX WATERSHED DISTRICT. Redetermining Benefits and Damages for Judicial Ditch No. 14.

Court of Appeals of Minnesota.

July 23, 2012.

Attorney(s) appearing for the Case

Thomas C. Athens , Svingen, Cline & Larson, P.A., Fergus Falls, MN; and Gerald W. Van Korff , Rinke Noonan , St. Cloud, MN, for appellant Bois de Sioux Watershed District.

Jason G. Lina , Paul Brutlag , Fluegel, Anderson, McLaughlin & Brutlag, Chtd., Morris, MN, for respondents Grant and Otter Tail Counties.

Jeff C. Braegelmann , New Ulm, MN, for respondent Traverse County.

Considered and decided by CLEARY, Presiding Judge; STAUBER, Judge; and RODENBERG, Judge.

OPINION

RODENBERG, Judge.

In this drainage dispute, appellant-watershed district argues that (1) the district court erroneously read Minn.Stat. § 103E.351 to require the drainage authority to make independent findings before appointing viewers under the statute and (2) instead of vacating the redetermination order, the district court should have remanded the matter to the drainage authority. Because the record is silent on whether appellant made the...

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