State Ex Rel. Swan Lake Area Wildlife Ass'n v. Nicollet County Board of County Commissioners

OPINION

KALITOWSKI, Judge.

Appellant Nicollet County Board' of County Commissioners contends that because the drainage authority is the proper arbiter of claims asserted under the drainage code, the district court erred in determining that it had subject matter jurisdiction over a drainage-related claim brought under the Minnesota Environmental Rights Act (MERA).

FACTS

County ditch 46A (CD46A) was established by appellant’s approval in 1907. 1 It runs from the northeast corner of Mud Lake to the southern portion of Little Lake in Nicollet County, Minnesota. In 1950, appellant ordered an…