Legal Opinion

In re Decision to Deny the Petitions for a Contested Case Hearing

Court of Appeals of Minnesota

Decided February 4, 2019No. A18-0581Published

1Opinion of the CourtSchellhas, Judge

In this certiorari appeal, relator Greg Mikkelson, a farmer and landowner in the Crystal Lake watershed and surrounding area, challenges a decision by respondent Minnesota Pollution Control Agency (MPCA) approving a total maximum daily load (TMDL) for Crystal Lake. Relator asserts that (1) the MPCA's delay in approving the TMDL resulted in a denial of *641due process and renders the decision arbitrary and capricious; (2) the decision is unsupported by substantial evidence and affected by an error of law; and (3) the MPCA erred by denying relator's request for a contested-case hearing. We affirm.

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2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Moorhead Economic Development Authority v. AndaSupreme Court of Minnesota · 2010
  3. In Re the Cities of Annandale & Maple Lake NPDES/SDS Permit Issuance for the Discharge of Treated WastewaterSupreme Court of Minnesota · 2007
  4. Mammenga v. State Department of Human ServicesSupreme Court of Minnesota · 1989
  5. Sawh v. City of Lino LakesSupreme Court of Minnesota · 2012

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