Legal Opinion
McLeod County Board of Commissioners v. State, Department of Natural Resources
Court of Appeals of Minnesota
Decided June 11, 1996No. C5-95-2024PublishedCited by 2 opinions
1Opinion of the Court
OPINION
DANIEL F. FOLEY, Judge. *
The McLeod County Board of Commissioners challenges a district court order denying a motion for declaratory judgment and concluding that application of the Wetland Conservation Act does not effect a taking of property rights in violation of the Minnesota Constitution. We affirm.
FACTS
McLeod County Ditch No. 8, including Lateral No. 3, was established in 1904 or 1905 to improve the drainage of agricultural lands in Hale Township. Lateral No. 3 runs between Bullhead Lake and the main channel of Ditch -No. 8.
The condition of the land immediately after construction…
2Cases cited10 opinions
- In Re HaggertySupreme Court of Minnesota · 1989
- Lee v. DelmontSupreme Court of Minnesota · 1949
- Matter of BlilieSupreme Court of Minnesota · 1993
- McShane v. City of FaribaultSupreme Court of Minnesota · 1980
- COUNTY OF FREEBORN BY TUVESON v. BrysonSupreme Court of Minnesota · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. MellettCourt of Appeals of Minnesota · 2002
- Minch v. Buffalo-Red River Watershed DistrictCourt of Appeals of Minnesota · 2006