Larson v. Freeborn County

Otis, Justice.

This is a class action to enjoin the collection of $1,400.07 assessed by Freeborn County to meet the expense of relocating a county ditch.

Plaintiffs represent about half of the affected property owners. They appeal from the district court’s findings, conclusions, and judgment, which denied injunctive relief and determined that the work done constituted a repair rather than an improvement.

It is the contention of plaintiffs that in the summer and fall of 1960 one or more members of the county board authorized the relocation of a section of County Ditch No. 5 which was eroding a…