Mundwiler v. Bentson
Supreme Court of Minnesota
TI. E. Mundwiler and others petitioned the county board of Big Stone county for the construction of a certain ditch designated as County Ditch No. 9, and the report of the engineer and viewers thereon was approved by the board. From the order establishing the ditch, Amos Bentson and others appealed to the district court for that county. The appeal was heard by Flaherty, J., who made findings and reversed the order of the county board.
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TI. E. Mundwiler and others petitioned the county board of Big Stone county for the construction of a certain ditch designated as County Ditch No. 9, and the report of the engineer and viewers thereon was approved by the board. From the order establishing the ditch, Amos Bentson and others appealed to the district court for that county. The appeal was heard by Flaherty, J., who made findings and reversed the order of the county board. Petitioners’ motion to amend the findings was denied. From the judgment against the petitioners, entered pursuant to the findings, they appealed.
1Opinion of the Court
Dibell, C.
This is an appeal by the petitioners in a county ditch proceeding from a judgment of the district court of Dig Stone county reversing the order of the county commissioners establishing a ditch.
1. The ditch proceeding contemplated the drainage of a meandered lake. Under G. S. 1913, § 5523, the county board is not authorized in drainage proceedings to drain meandered lakes except, in substance, such as are usually shallow, grassy and marshy, or no longer capable of beneficial public use. Certain persons appealed from the order establishing the ditch. The court found that the meandered…
2Cited by6 opinions
- Erickschen v. County of SibleySupreme Court of Minnesota · 1919
- In Re Judicial Ditch No. 9Supreme Court of Minnesota · 1926
- Board of Water Commissioners v. Roselawn CemeterySupreme Court of Minnesota · 1917
- Hunt v. City of MontevideoSupreme Court of Minnesota · 1917
- Lee v. County of JacksonSupreme Court of Minnesota · 1922
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