State Ex Rel. Minnesota Department of Natural Resources v. Kandiyohi County Ex Rel. Board of Commissioners

I dissent.

The majority opinion lists five relevant trial court findings. The trial court made no such findings. In its conclusions of law the trial court stated:

1.The elevation of County Ditch No. 9 as originally constructed is 1155.9 at Station 155.60 on the project plans, and 1155.4 at Station 113.70 on the project plans.

2. The elevation of County Ditch No. 9 as designed is 1155.8 at Station 155.60 on the project plans, and 1155.0 at Station 113.70 on the project plans.

3. The amended plans of the project engineer for County Ditch No. 9 are approved and adopted. The plans constitute a…