Minch v. Buffalo-Red River Watershed Dist.

• Decision Date: 07 November 2006
• Docket Number: No. A05-2339.,A05-2339.
• Citation: 723 N.W.2d 483
• Parties: A.R. MINCH, Appellant, v. BUFFALO-RED RIVER WATERSHED DISTRICT, Respondent.
• Court: Minnesota Court of Appeals

Page 483

723 N.W.2d 483

A.R. MINCH, Appellant, v. BUFFALO-RED RIVER WATERSHED DISTRICT, Respondent.

No. A05-2339.

Court of Appeals of Minnesota.

November 7, 2006.

COPYRIGHT MATERIAL OMITTED

Roger J. Minch, Serkland Law Firm, Fargo, ND, for appellant.

Tami L. Norgard, Vogel Law Firm, Fargo, ND, for respondent.

Considered and decided by ROSS, Presiding Judge; DIETZEN, Judge; and CRIPPEN, Judge.^*

OPINION

DIETZEN, Judge.

Appellant A.R. Minch appeals from summary judgment dismissing his claims for injunctive relief and affirming respondent Buffalo-Red River Watershed District's order requiring Minch to clean and maintain a public right-of-way ditch on his property, arguing that (1) the watershed district lacked statutory authority to order him to clean a public right of way ditch; (2) its order violated his right to procedural due process of law; (3) its order was an unconstitutional taking of his property; (4) its order was unconstitutionally void for vagueness; and (5) he was denied equal protection of the law. Because a watershed district lacks authority under chapter 103D of the Minnesota Statutes to order a landowner to clean a private ditch subject to the watershed district's public right-of-way easement, we reverse. But because neither the watershed district nor the district court determined whether cleaning and removing the siltation in the ditch was an "obstruction" within the meaning of Minn.Stat. § 103E.075 (2004) or a "repair" under Minn.Stat. § 103E.701 (2004), we remand for further proceedings consistent with this decision.

FACTS

Before his death, appellant A.R. Minch owned certain real property located in Section 34, Kragnes Township, Clay County, Minnesota. Bordering Minch's property to the north is County State Aid Highway (CSAH) No. 5, to the east is Section 35 and property owned by the Brendemuhl family, and to the west is Ditch No. 51, which runs in a north-south direction, beginning at the northwest corner of Minch's property.

Located along the entire north end of Minch's property and within the right-of-way of CSAH No. 5, is a private ditch in which the watershed district has a public right-of-way easement. The ditch is known as the Section 34 ditch, and conveys surface water from neighboring properties as part of the watershed district's overall drainage plan for the area. The ditch has existed at least since CSAH No. 5 was constructed in the 1950s, which is before Minch acquired the property. Clay County once maintained the Section 34 ditch, but authority over the ditch was transferred to respondent Buffalo-Red River Watershed District ("watershed district") in accordance with Minn.Stat. § 103D.625, subd. 1. The Buffalo-Red River Watershed District exists and is organized pursuant to Minn.Stat. § 103D.101, subd. 1 (2004).

In 2002, Minch petitioned the watershed district for an improvement project to Ditch No. 51 to improve drainage around his property and Kragnes Township. When the watershed district approved and constructed the project, it concluded that the Section 34 ditch would receive increased drainage from neighboring properties, particularly to the east. As a result, the watershed district assessed benefited landowners, like the Brendemuhls, for the cost of the project.

Shortly after, a dispute arose among Minch, the Brendemuhls, Clay County, and the watershed district regarding the responsibility for removing soil, sediment, and silt that had filled in portions of the Section 34 ditch. Minch applied for a permit to clean the westerly 80% of the ditch, which was located on his property, but he refused to clean the remainder of the ditch unless he received drainage concessions from the Brendemuhls to the east. Because the watershed district wanted the whole length of the Section 34 ditch cleaned, it recommended to the county that it refuse to issue the permit.

At the October 25, 2004 watershed district board meeting, Wayne Brendemuhl petitioned the watershed district to require Minch to remove the soil and silt obstruction along the entire length of the Section 34 ditch. Minch was not present at the meeting. Board members expressed concern that cleaning the Section 34 ditch required access and the use of equipment on Minch's property located on the south side of the ditch. Therefore, the board voted to have its attorney provide legal advice regarding the board's options for cleaning the ditch.

At the November 22, 2004 watershed district board meeting, which Minch and his attorney attended, the watershed district's attorney informed the watershed district that to clean the ditch it had the option of acquiring by condemnation the rights to Minch's property on the south side of the ditch. Alternatively, it could issue an order directing Minch to clean the entire ditch. Board managers noted that the watershed district had issued orders to other property owners to clean ditches on their property.

Minch argued that the watershed district lacked the authority to require him to clean the ditch, that the watershed district failed to give proper notice of the meeting, and that an order requiring him to clean the entire ditch would amount to a taking. But the watershed district concluded that cleaning the Section 34 ditch was consistent with its drainage plan and that it was important that the ditch not be obstructed for the benefit of the neighboring property owners to the east, who were assessed for the benefit of using the Section 34 ditch. The watershed district then approved a motion to order Minch to clean the Section 34 ditch by December 13, 2004. Minch argued that he was being singled out for unfair treatment, but the watershed district stated that it had been unsuccessfully trying to resolve the issue for almost a year and needed to move on to other problems.

In January 2005, Minch brought a declaratory-judgment action, challenging the watershed district's authority to require him to clean the Section 34 ditch. The watershed district moved for summary judgment. In a September 23, 2005 order, the district court granted the watershed district's motion and directed Minch to clean the ditch according to specifications issued by the Clay County engineer. On October 14, a judgment was entered dismissing the action and awarding costs to the watershed district.

The watershed district brought a motion to have Minch found in contempt for failure to comply with the September 23 order. In an order filed on December 1, 2005, the district court declined to hold Minch in contempt but authorized the watershed district to clean the ditch. The ditch was subsequently cleaned and costs were assessed to Minch. This appeal follows.

ISSUES

1. Does a watershed district have authority under chapter 103D of the Minnesota Statutes to order a private landowner to

clean a private ditch with a public right-of-way easement?

2. Does chapter 103E of the Minnesota Statutes allow a watershed district to order the removal of obstructions in drainage ditches under its jurisdiction?

3. Did the watershed district violate Minch's right to procedural due process when it failed to provide him adequate notice of a hearing to argue why he should not be required to clean the ditch?

4. Did the district court order requiring Minch to clean and maintain the ditch result in a taking of his property, and is it unconstitutionally void for vagueness?

ANALYSIS

I.

Minch argues that the watershed district lacks authority under chapter 103D to order him to clean and maintain its public right-of-way to convey surface water through the Section 34 ditch. We agree.

The interpretation of a statute is a question of law, which we review de novo. Brookfield Trade Ctr., Inc. v. County of Ramsey, 584 N.W.2d 390, 393 (Minn.1998). When interpreting a statute, we give each word its plain and ordinary meaning. State v. Larivee, 656 N.W.2d 226, 229 (Minn.2003); see also Minn.Stat. § 645.08(1) (2004) (mandating that words and phrases be construed according to their common and approved usage).

Chapter 103D of the Minnesota Statutes governs the administrative powers and operations of watershed districts, while chapter 103E governs the proceedings by which new drainage systems are constructed and existing ditches are maintained by drainage authorities such as county boards or watershed districts. See Minn.Stat. 103D.625, subd. 3; In re Comm'rs Order Denying Permit Application 93-1024, 527 N.W.2d 173, 175 (Minn. App.1995) (stating that "[c]hapter 103D delineates powers and procedures pertaining to watershed districts generally, while chapter 103E lays out supplemental powers and procedures applicable to drainage authorities"), review denied (Minn. Apr. 27, 1995). Because chapters 103D and 103E are part of the "Minnesota Water Law" and govern similar subject matter, they should be read in pari materia. See Hagen v. Martin County, 253 Minn. 367, 371, 91 N.W.2d 657, 660 (1958) (concluding that the various chapters of the Minnesota Water Law should be construed together); see also State v. McKown, 475 N.W.2d 63 (Minn.1991) ("Statutes in pari materia are those relating to the same person or thing or having a common purpose.").

Chapter 103D provides that a watershed district may be created specifically "to repair, improve, relocate, modify, consolidate, and abandon all or part of drainage systems within a watershed district" and "to control or alleviate soil erosion and siltation of watercourses or water basins." Minn.Stat. § 103D.201, subd. 2(9), (10) (2004). Chapter 103D also gives watershed districts specific and general powers. Watershed districts have the specific power to "construct, clean, repair, alter, abandon, consolidate, reclaim, or change the course or terminus of any public ditch, drain, sewer, river, watercourse, natural or artificial, within the watershed district." Minn.Stat. § 103D.335, subd. 8 (2004). And watershed districts have the general power of eminent domain and to perform all acts "necessary and proper for the...