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MINNESOTA CENTER FOR ENV. v. BIG STONE

No. C7-01-1161.

638 N.W.2d 198 (2002)

MINNESOTA CENTER FOR ENVIRONMENTAL ADVOCACY, The Coalition for a Clean Minnesota River, and New Ulm Area Sportfishermen, Respondents, v. The BIG STONE COUNTY BOARD OF COMMISSIONERS and The County of Big Stone, Minnesota, Appellants.

Court of Appeals of Minnesota.

January 15, 2002.

Attorney(s) appearing for the Case

Byron E. Starns, Leonard, Street and Deinard, Minneapolis, for respondents.

Noah D. Hall, Mark F. Ten Eyck, Minnesota Center for Environmental Advocacy, St. Paul, for respondent Minnesota Center for Environmental Advocacy.

Jay T. Squires, Ratwik, Roszak & Maloney, P.A., Minneapolis, for appellants.

Mike Hatch, Attorney General, Craig L. Engwall, Assistant Attorney General, St. Paul, for Amicus Curiae State of Minnesota Department of Natural Resources.

Considered and decided by SHUMAKER, Presiding Judge, STONEBURNER, Judge, and HUSPENI, Judge.

OPINION

STONEBURNER, Judge.

Respondents Minnesota Center for Environmental Advocacy, the Coalition for a Clean Minnesota River and the New Ulm Area Sportfishermen sought a declaratory judgment that a proposed repair to Big Stone County Ditch No. 2/2A (County Ditch 2) requires (1) permission of the Commissioner of the Department of Natural Resources (DNR) pursuant to Minn.Stat. § 103E.011, subd. 3; (2) a public waters work permit from the DNR pursuant...

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