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APPLICATION OF CITY OF WHITE BEAR LAKE

No. 46058.

247 N.W.2d 901 (1976)

In re Application of the CITY OF WHITE BEAR LAKE, Minnesota, for a Permit to Encroach upon a Bay of Birch Lake, as a Part of the "Ninth Street Extension" Project, (P.A. 74-5084). STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, by Robert L. Herbst, Its Commissioner, Appellant, v. CITY OF WHITE BEAR LAKE, Respondent.

Supreme Court of Minnesota.

November 19, 1976.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., William G. Peterson and A. W. Clapp III, Special Asst. Attys. Gen., St. Paul, for appellant.

Newcome Wallace & Newcome and Thomas W. Newcome, St. Paul, for respondent.

Heard before TODD, YETKA and SCOTT, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from an order and judgment of the Ramsey County District Court which reversed an order of the commissioner of natural resources. The commissioner had denied a permit application of the city of White Bear Lake to encroach upon a bay of Birch Lake to construct a roadway.

In 1969 the city of White Bear (hereinafter city) began action on a proposed route for County Highway No. 9 to conduct traffic around the city's central business...

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