Judgment Allowing Watershed District Access to Private Property Affirmed
In The Minch Family LLLP v. Buffalo-Red River Watershed Dist., No. 09-3223, an action claiming that the Buffalo-Red River Watershed District (BRRWD) exceeded the scope of a judge’s order authorizing the BRRWD to “clean out” or remove accumulated silt and topsoil from a ditch running next to a road along the length of one of plaintiffs’ fields, the court affirmed judgment on the pleadings for defendants where the plain meaning and clear import of the state court’s order was to allow BRRWD access to not only plaintiffs’ ditch, but also to the surrounding area necessary to conduct the clean-out.
Related Resources
- Read the Eighth Circuit’s Decision in The Minch Family LLLP v. Buffalo-Red River Watershed Dist., No. 09-3223
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