Zaluckyj v. Rice Creek Watershed District

OPINION

FOLEY, Judge. *

Appellant landowners, who contended that their land was being flooded due to overflow from a public ditch, filed a declaratory judgment complaint and a petition for writ of mandamus in district court. They sought an order requiring, in relevant part, that the watershed district remove obstructions and repair and maintain the ditch. In the alternative, they sought a writ of mandamus ordering the watershed district to commence inverse condemnation proceedings. After a court trial, the district court ruled that appellants failed to exhaust their administrative remedies,…