Oelke v. County of Faribault

Murphy, Justice.

This is an appeal from an order of the district court affirming an order of the Board of County Commissioners of Faribault County establishing County Ditch No. 80. The appellant, Walter Oelke, is a property owner affected by the establishment of the ditch. The appeal to the district court was taken pursuant to Minn. St. 106.631, subd. 4, which provides in part:

“* * * The court shall examine the whole matter and receive evidence to determine whether the findings made by the county board can be sustained. At such trial the findings made by the county board shall be prima facie…