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HENTGES v. BD. OF WATER & SOIL RESOURCES

No. C7-01-799.

638 N.W.2d 441 (2002)

Loren HENTGES, et al., Relators, v. MINNESOTA BOARD OF WATER AND SOIL RESOURCES, Rice Creek Watershed District, St. Paul Audubon Society, et al., and Minnesota Department of Transportation, Respondents.

Court of Appeals of Minnesota.

January 4, 2002.

Attorney(s) appearing for the Case

Paul R. Haik, Krebsbach & Haik, Ltd., Minneapolis, for relators.

Mike Hatch, Attorney General, William A. Szotkowski, Assistant Attorney General, St. Paul, for respondent Minnesota Board of Water and Soil Resources.

Harold H. Sheff, Michelle J. Ulrich, Smith, Gendler, Shiell, Sheff, Ford, & Maher, P.A., Minneapolis, for respondent Rice Creek Watershed District.

A.W. Clapp III, St. Paul, for respondents St. Paul Audubon Society, et al.

David L. Phillips, Office of the Attorney General, St. Paul, for respondent, Minnesota Department of Transportation.

Gerald W. Von Korff, John C. Kolb, Rinke Noonan, St. Cloud, for Amicus Curiae Lac qui Parle County and Polk County.

Considered and decided by GORDON W. SHUMAKER, Presiding Judge, HALBROOKS, Judge, and MULALLY, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

Relators challenge the Board of Soil and Water's affirmance of the Rice Creek Watershed District's denial of relators' petition for an exemption from the wetland replacement requirement. Specifically, relators allege that (a) the Board exceeded its statutory authority by adopting Minn. R. 8420.0122, subp. 3(A) (1999), which sets a standard for wetlands replacement that is different from Minn.Stat. § 103G.2241 (2000...

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