State, Department of Natural Resources ex rel. Herbst v. District Court

Kelly, Justice.

The state, which was assessed for benefits in an order of the district court establishing Judicial Ditch No. 11 in Waseca and Blue Earth Counties, appeals from the order. The state claims that conditions attached to the permit required to be obtained from the commissioner of natural resources in order to construct the ditch precluded the assessment of benefits to the state resulting therefrom. We remand.

These proceedings were commenced in district court by petitioners under Minn. St. c. 106, the public drainage code, for the establishment of a drainage system. A portion of the…