In Re Determining the Natural Ordinary High Water Level of Lake Pulaski

OPINION

WOZNIAK, Judge.

The Association appeals from an order determining the ordinary high water level of Lake Pulaski in Wright County. It contends the Commissioner of Natural Resources erred by not granting oral argument, by selecting an ordinary high water level not advocated by either party to the proceeding, by incorrectly applying Minn. Stat. § 105.37, subd. 16, and by unconstitutionally taking private property. It also contends the Commissioner’s decision is unsupported by substantial evidence and is arbitrary and capricious. We affirm.

FACTS

Lake Pulaski 1 is approximately two miles long…