If the petitioners have a lawyer, that lawyer represents the petitioners in their efforts to establish or repair. The lawyers' services are paid by the petitioners, but in most proceedings reasonable attorneys fees may be reimbursed out of assessments if the project is successful, because the petitioners are viewed as performing an economic service to the benefited parcels. The Drainage Authority issues its final order after the Final Hearing. In most cases, judicial review can only proceed in accord with the appeal provisions of the Drainage Code, found in sections 103E.095 and 103E.091. Landowners can appeal the decision to approve or disapprove, can appeal the amount of benefits or damages determined.
Landowners can appeal a decision to authorize or approve payment.
An appeal must be made within the time limits established by the Drainage Code. More About Appeals. Appeals from the final order are handled in two parts. Appeals attacking the decision to go forward with the project go first. The appeal is handled by a judge who decides the case without a jury.