McMillan v. Board of County Commissioners
Supreme Court of Minnesota
Appeal by P. D. McMillan and others, from an order of the district court for Freeborn county, Kingsley, J., dismissing an appeal from an order of the board of county commissioners of said county denying the petition of Kenneth MacRae and others for establishment of a public drainage ditch.
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Appeal by P. D. McMillan and others, from an order of the district court for Freeborn county, Kingsley, J., dismissing an appeal from an order of the board of county commissioners of said county denying the petition of Kenneth MacRae and others for establishment of a public drainage ditch. It is our contention that the following propositions are well grounded: (1) That the act vests the commissioners with the power and charges them with the duty of determining whether the ditch shall be established, irrespective of any action taken or report made by the viewers, and that in such determination…
1Opinion of the CourtDouglas, J.
Appeal by owners of property affected from an order of the district court of Freeborn county dismissing an appeal taken from an order of the board of county commissioners of said county, by which order the board refused to establish a certain ditch for drainage purposes.
In September, 1901, a petition signed by appellants and others was filed with the county auditor of said county, initiating certain proceedings for the construction of a ditch under and by virtue of the authority conferred by chapter 258, p. 413, Laws 1901, as amended by chapter 38, p. 90, Laws 1902. Thereupon the county…
2Cases cited14 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- County of Redwood v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1889
- State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Kipp v. DawsonSupreme Court of Minnesota · 1884
- State v. West Duluth Land Co.Supreme Court of Minnesota · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jacobson v. County of Lac Qui ParleSupreme Court of Minnesota · 1912
- County of Martin v. KampertSupreme Court of Minnesota · 1915
- State v. McGuireSupreme Court of Minnesota · 1909
- Interstate Drainage & Investment Co. v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1907
- State ex rel. Landon v. AndingSupreme Court of Minnesota · 1916
11 more not listed; retrieve them via the Exa API.