Aastad v. Board of County Commissioners

Nelson, Justice.

The only issue on this appeal is a legal one which may be stated as follows: Will certiorari lie to review a county ditch proceedings of a county board where the ditch code itself (Minn. St. 106.631) expressly provides for review of such proceedings by appeal?

Petitioner, Bennie Aastad, in his statement of facts says that he owns a 40-acre tract of farmland and represents, as a class, others owning 31 forties, all situated on and assessed for the construction of County Ditch No. 60, which was constructed long prior to commencement of proceedings to establish County Ditch No. 68.