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McLEOD CTY. BD. OF COM'RS v. STATE

No. C5-95-2024.

549 N.W.2d 630 (1996)

McLEOD COUNTY BOARD OF COMMISSIONERS AS the DRAINAGE AUTHORITY FOR McLEOD COUNTY DITCH NO. 8, Appellant, v. The STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, Respondent.

Court of Appeals of Minnesota.

Review Denied August 20, 1996.

Attorney(s) appearing for the Case

Michael Junge, McLeod County Attorney, Jody Winters, Assistant County Attorney, Glencoe, for Appellant.

Hubert H. Humphrey, III, Attorney General, Matthew B. Seltzer, Assistant Attorney General, St. Paul, for Respondent.

Arvid Wedland, Wedland and Alm, Blue Earth, for amicus Association of Minnesota Counties.

Kim Mastro, St. Paul, for amicus Association of Minnesota Counties.

A.W. Clapp, III, St. Paul, for amicus Central Minnesota Audubon Society.

Considered and decided by WILLIS, P.J., and CRIPPEN and FOLEY, JJ.

OPINION

DANIEL F. FOLEY, Judge.*

The McLeod County Board of Commissioners challenges a district court order denying a motion for declaratory judgment and concluding that application of the Wetland Conservation Act does not effect a taking of property rights in violation of the Minnesota Constitution. We affirm.

FACTS

McLeod County Ditch No. 8, including Lateral No. 3, was established in 1904 or 1905 to improve...

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