Rooney v. County of Stearns
Supreme Court of Minnesota
William E. Rooney appealed to the district court for Stearns county from an order of the county board for that county, establishing a public ditch designated as No. 32 and confirming the reports of the engineer and viewers, on the ground that the benefits determined by the county board were in excess of the actual benefit to his land and that no .damages had been allowed him on account of the construction of the ditch.
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William E. Rooney appealed to the district court for Stearns county from an order of the county board for that county, establishing a public ditch designated as No. 32 and confirming the reports of the engineer and viewers, on the ground that the benefits determined by the county board were in excess of the actual benefit to his land and that no .damages had been allowed him on account of the construction of the ditch. The appeal was heard before Roeser, J., and a jury which returned a verdict giving the number of acres which each parcel would receive from the lake bed and the amount of…
1Opinion of the CourtHolt, J.
This appeal is in a county drainage proceeding. The appellant complains because no damages were allowed him and because, in estimating his benefits, the jury, as a basis therefor, adopted a wrong and inequitable method of apportioning, among the riparian owners of Sand lake, the 372 acres reclaimed by its drainage. Sand lake is a meandered shallow lake, the deepest part, at a low stage of water, being about two feet. Its length is about l-£ miles, and greatest width about mile. It has now no regular inlet or outlet. In very high water it flows northeast into a bog through a channel which…
2Cases cited9 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Hanson v. RiceSupreme Court of Minnesota · 1903
- Scheifert v. BriegelSupreme Court of Minnesota · 1903
- Lager v. County of SibleySupreme Court of Minnesota · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State, by Lord v. FrisbySupreme Court of Minnesota · 1961
- State v. PearsonSupreme Court of Minnesota · 1961
- State ex rel. Boetcher v. NelsonSupreme Court of Minnesota · 1917
- Falkenhagen v. Counties of Yellow Medicine & Lac Qui ParleSupreme Court of Minnesota · 1919
- In re County Ditch No. 33Supreme Court of Minnesota · 1921
2 more not listed; retrieve them via the Exa API.