Legal Opinion
State Ex Rel. Swan Lake Area Wildlife Ass'n v. Nicollet County Board of County Commissioners
Court of Appeals of Minnesota
Decided September 1, 2009No. A08-1739PublishedCited by 4 opinions
1Opinion of the Court
OPINION
SHUMAKER, Judge.
After a seven-day bench trial, the district court concluded that respondents Ni-collet County Board of County Commissioners (County) and the Department of Natural Resources (DNR) were in violation of the Minnesota Environmental Rights Act (MERA) for permitting two wetlands to drain over the course of several decades. To remedy the violation, the district court ordered respondents to raise the primary lake’s water level to a three-foot depth. However, the district court later amended its order because it was persuaded that the DNR had exclusive authority over the water…
2Cases cited9 opinions
- People for Environmental Enlightenment & Responsibility (PEER), Inc. v. Minnesota Environmental Quality CouncilSupreme Court of Minnesota · 1978
- COUNTY OF FREEBORN BY TUVESON v. BrysonSupreme Court of Minnesota · 1976
- Woodhall v. StateSupreme Court of Minnesota · 2007
- Hoffman v. Northern States Power Co.Supreme Court of Minnesota · 2009
- Mercer v. AndersenCourt of Appeals of Minnesota · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Swan Lake Area Wildlife Ass'n v. Nicollet County Board of County CommissionersCourt of Appeals of Minnesota · 2011
- State of Minnesota by Smart Growth Minneapolis, a Minnesota nonprofit corporation v. City of ...Court of Appeals of Minnesota · 2024
- White Bear Lake Restoration Ass'n ex rel. State v. Minn. Dep't of Natural Res.Court of Appeals of Minnesota · 2019
- White Bear Lake Restoration Ass'n ex rel. State v. Minn. Dep't of Natural Res.Court of Appeals of Minnesota · 2019