Legal Opinion
White Bear Lake Restoration Ass'n ex rel. State v. Minn. Dep't of Natural Res.
Court of Appeals of Minnesota
Decided April 22, 2019No. A18-0750Published
1Opinion of the Court
ISSUES
I. Did the district court err by determining that Minn. Stat. § 116B.03, subd. 1, applies to claims relating to DNR-issued groundwater-appropriation permits?
II. Did the district court err by concluding that the common-law public-trust doctrine applies to groundwater in Minnesota?
ANALYSIS
Together, appellants make nine arguments. They argue that the district court erred by (1) allowing the action to proceed under Minn. Stat. § 116B.03 instead of Minn. Stat. § 116B.10, (2) misapplying the public-trust doctrine, (3) denying summary judgment on the ground that respondents failed to exhaust…
2Cases cited33 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- American Family Insurance Group v. SchroedlSupreme Court of Minnesota · 2000
- Reserve Mining Co. v. HerbstSupreme Court of Minnesota · 1977
- Oregon Ex Rel. State Land Board v. Corvallis Sand & Gravel Co.Supreme Court of the United States · 1977
- National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983
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