Legal Opinion
McGuire v. County of Scott
Court of Appeals of Minnesota
Decided December 27, 1994No. CX-94-1652PublishedCited by 6 opinions
1Opinion of the Court
OPINION
LANSING, Judge.
A county seeks to raise the affirmative defense of “no feasible and prudent alternative” in an action brought under the Minnesota Environmental Rights Act alleging that a proposed highway project violates a state noise regulation. The district court ruled that the affirmative defense is not available to defendants in actions based on regulation violations, and we affirm.
FACTS
David McGuire and several neighbors brought suit under the Minnesota Environmental Rights Act (MERA) challenging Scott County’s proposed project to realign and reconstruct County State Aid Highway…
2Cases cited7 opinions
- Tuma v. Commissioner of Economic SecuritySupreme Court of Minnesota · 1986
- Uselman v. UselmanSupreme Court of Minnesota · 1990
- Minnesota Public Interest Research Group v. White Bear Rod & Gun ClubSupreme Court of Minnesota · 1977
- COUNTY OF FREEBORN BY TUVESON v. BrysonSupreme Court of Minnesota · 1976
- Urban Council on Mobility v. Minnesota Department of Natural ResourcesSupreme Court of Minnesota · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Schaller v. County of Blue EarthSupreme Court of Minnesota · 1997
- County of Dakota (CP 46-06) v. LakevilleCourt of Appeals of Minnesota · 1997
- In re Minnesota Orchestral Ass'n for a Variance From Minn. R. 7030.0040 for the Operation of the Proposed Brooklyn Park Performing Arts CenterCourt of Appeals of Minnesota · 2000
- Jeffrey A. August, Relator v. Chisago County Board of CommissionersCourt of Appeals of Minnesota · 2015
- LINCOLN HARBOR ENTERPRISES, LLC v. HARTZ MOUNTAIN INDUSTRIES, INC.District Court, D. New Jersey · 2021
1 more not listed; retrieve them via the Exa API.