MATTER OF BRANCH A-38, JT. DITCH NO. 204

No. C2-87-198.

406 N.W.2d 524 (1987)

In the Matter of the Improvement of BRANCH A-38 OF JOINT DITCH NO. 204 MARTIN AND FARIBAULT COUNTIES. George HOWELL, Respondent, v. COUNTY OF MARTIN, et al., Appellants.

Supreme Court of Minnesota.

June 5, 1987.


Attorney(s) appearing for the Case

Charles Frundt, Blue Earth, for appellants.

James Wilson, Fairmont, for respondent.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

In this ditch proceeding under Minn.Stat. ch. 106A (1986), we are asked, by certified question, whether benefits arising from a proposed ditch are to be determined as of the date of trial de novo in district court or as of the date of the order establishing the ditch. Our answer is the date of the ditch authority's order, and we reverse the contrary ruling of the trial court.

On April 26, 1985, following a final hearing, the Joint Ditch...

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