State Ex Rel. Minnesota Department of Natural Resources v. Kandiyohi County Ex Rel. Board of Commissioners

YETKA, Justice.

A petition was filed for repair of drainage ditch No. 9 situated in Kandiyohi County, Minnesota. The county board authorized the repair of the drainage ditch, and the state appealed the order to the district court and also commenced injunctive proceedings under the Minnesota Environmental Rights Act. The trial court denied the injunction and affirmed the county board’s order for the repair of drainage ditch No. 9. We reverse and remand.

The land involved in this appeal is a shallow basin in Kandiyohi County lying generally east of Green Lake and south of Lake Calhoun. County…