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IN RE PETITION OF ABEL

No. 37,614.

253 Minn. 452 (1958)

92 N.W. (2d) 800

IN RE PETITION OF CHARLES C. ABEL AND OTHERS FOR IMPROVEMENT OF COUNTY DITCH NO. 2, MARTIN COUNTY. FAIRMONT REAL ESTATE & INVESTMENT COMPANY AND OTHERS v. COUNTY OF MARTIN AND OTHERS. COUNTY OF MARTIN, APPELLANT.

Supreme Court of Minnesota.

October 24, 1958.

Attorney(s) appearing for the Case

Arthur T. Edman, County Attorney, and Gaarenstroom & Gaarenstroom, for appellant.

Erickson & Zierke, for respondents.

KNUTSON, JUSTICE.

This proceeding was commenced by the filing of a petition with the Board of County Commissioners of Martin County for the improvement of County Ditch No. 2 of Martin County. County Ditch No. 2 was established in 1904 as a shallow open ditch. Judicial Ditch No. 30 was established some 10 years later. It emptied into a ravine or gully, which in turn emptied into Ditch No. 2. The county board ordered the improvement of Ditch No. 2, and it further ordered...

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