Central Baptist Theological Seminary v. City of New Brighton

OPINION

AMUNDSON, Judge.

Respondent’s radio tower, built on upland with guy wires anchored in Jones Lake, was destroyed in a 1980 windstorm. Respondent subsequently secured all necessary permits to build a new tower in Jones Lake, except the permit required from appellant Department of Natural Resources (DNR). This court affirmed the DNR’s refusal to issue the permit. See In re Central Baptist Theological Seminary, 370 N.W.2d 642 (Minn.App.1985), pet. for rev. denied (Sept. 19, 1985). Respondent then sued the DNR, alleging, among other things, a constitutional “taking” and requesting mandamus…