State Ex Rel. Waste Management Board v. Bruesehoff

OPINION

FOLEY, Judge.

This is a case of first impression. It comes as an appeal from a summary judgment enjoining appellant landowners from interfering with electrical resistivity testing upon their land by the Waste Management Board. Both as a matter of statutory interpretation and as a matter of constitutional law, appellants contest the board’s right to conduct the tests without first conducting condemnation proceedings. They also challenge the boards compliance with the necessity requirement of Minn. Stat. § 115A.06, subd. 5 (1982). The trial court found the access statute to be…