State ex rel. Dock v. County of Dodge
Supreme Court of Minnesota
Upon the relation of P. K. Dock and others the district court for Dodge county granted its writ of certiorari to review the legality of an order of the board of county commissioners of that county establishing public tile ditch drainage system No. 2. The matter was heard by Childress, J., who annulled the order of the county board. From the order annulling the order of the county commissioners, James De Yaul, one of the petitioners, appealed.
1Opinion of the CourtHallam, J.
The state drainage law provides for the construction of county ditches, G. S. 1913, § 5523, et seq. and includes in the designation of “ditch” any “open, covered or tiled ditch.” Section 5525 originally provided for the institution of a county ditch proceeding by “petition signed by one or more of the landowners whose land will be liable to be affected by or assessed for the * * construction of the same.”
In 1917 the legislature amended substantially the drainage laws affecting county ditches. Chapter 441; p. 692, Laws 1917. By section 4 of that act, section 5525 was amended by providing that…
2Cited by1 opinion
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