Marshall County v. State

OPINION

FORSBERG, Judge. *

Appellant State of Minnesota challenges the district court’s grant of summary judgment to respondents, requiring the state to pay assessments on state lands for certain ditch improvements. The state alleges (a) there was no approval of the assessment by the Commissioner of the Department of Natural Resources (DNR) under Minn. Stat. § 84A.55, subd. 9 (2000); (b) the legislative history of that section shows that the state is to control assessments on public lands; (c) the district court misread Minn.Stat. § 84A.55, subd. 12 (2000), to limit the commissioner’s authority…