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STATE EX REL. SWAN LAKE AREA v. NICOLLET COUNTY BD.

No. A08-1739.

771 N.W.2d 529 (2009)

STATE of Minnesota ex rel. SWAN LAKE AREA WILDLIFE ASSOCIATION, relator, Appellant, v. NICOLLET COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent, v. Marlin Fitzner, et al., intervenors, Respondents, v. Minnesota Department of Natural Resources, third party defendant, Respondent.

Court of Appeals of Minnesota.

September 1, 2009.

Attorney(s) appearing for the Case

Garry D. Barnett, Barnett Law, Ltd., Mankato, MN; and William G. Peterson, Peterson Law Office, Bloomington, MN, for appellant.

Scott T. Anderson, Kimberly K. Sobieck, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for respondent Nicollet County Board of County Commissioners.

Gerald W. Von Korff, Kurt A. Deter, Rinke-Noonan, St. Cloud, MN, for respondents Fitzner, et al.

Lori Swanson, Attorney General, Thomas Overton, Jill Schlick Nguyen, Assistant Attorneys General, St. Paul, MN, for respondent Minnesota Department of Natural Resources.

Considered and decided by HALBROOKS, Presiding Judge; LANSING, Judge; and SHUMAKER, Judge.

OPINION

SHUMAKER, Judge.

After a seven-day bench trial, the district court concluded that respondents Nicollet County Board of County Commissioners (County) and the Department of Natural Resources (DNR) were in violation of the Minnesota Environmental Rights Act (MERA) for permitting two wetlands to drain over the course of several decades. To remedy the violation, the district court ordered respondents to raise the primary lake's water level to a three...

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