NO POWER LINE v. MINN. ENVIRONMENTAL QUALITY

Nos. 48014, 48036 and 48043.

262 N.W.2d 312 (1977)

NO POWER LINE, INC. (NPL), Save Our Countryside, Inc. (SOC), and Preserve Grant County (PGC), Appellants, v. The MINNESOTA ENVIRONMENTAL QUALITY COUNCIL, Respondent, and NO POWER LINE, INC. (NPL), Save Our Countryside, Inc. (SOC), and Preserve Grant County (PGC), Appellants, and Families Are Concerned Too, Inc., (FACT), Intervenors-Appellants, v. The MINNESOTA ENVIRONMENTAL QUALITY COUNCIL, Respondent, and Virgil Herman FUCHS, Individually, and on behalf of Counties United for Rural Environment, Inc., aka CURE and all other interested parties, petitioners, Appellants, v. The STATE of Minnesota and the Minnesota Environmental Quality Council, an Administrative Agency aka MEQC, Respondents. and Russell SCHMIDT, Individually, and on behalf of CURE, Inc., and all other interested persons similarly situated, Appellants, v. The STATE of Minnesota, The Minnesota Environmental Quality Council, a State Administrative Agency, United Power Association and Cooperative Power Association, Respondents. and COUNTIES UNITED FOR RURAL ENVIRONMENT (CURE), Appellant, v. MINNESOTA ENERGY AGENCY, Respondent, and STATE of Minnesota By FAMILIES ARE CONCERNED TOO, INC., a Minnesota non-profit corporation, (48043), Appellants, and Families Are Concerned Too, Inc., a Minnesota non-profit corporation, in its own name, Appellant, v. UNITED POWER ASSOCIATION, a Minnesota Corporation Association; Cooperative Power Association, a Minnesota Cooperative Association; The Minnesota Environmental Quality Council, an Agency of the State of Minnesota; and the Minnesota Energy Agency, an Agency of the State of Minnesota, Respondents, and In the Matter of the Application by Cooperative Power Association and United Power Association for a Construction Permit for a High Voltage Transmission Line and Associated Facilities. Traverse Air, Inc., Appellant-below.

Supreme Court of Minnesota.

September 30, 1977.


Attorney(s) appearing for the Case

George Duranske, Bemidji, for appellants.

David A. Grant and Eleni P. Skevas, Minneapolis, for FACT.

Norton M. Hatlie, Navarre, for Virgil Fuchs et al.

Warren Spannaus, Atty. Gen., Stephen Shakman, Donald A. Kannas and William E. Dorigan, Sp. Asst. Attys. Gen., St. Paul, for State et al.

Dwight Wagenius, Sp. Asst. Atty. Gen., St. Paul, for Minn. Energy Agency.

Roger Miller, South St. Paul, for United Power Assn.

John Drawz, Minneapolis, for Cooperative Power Assn.

Roger Nierengarten, St. Cloud, Lindquist & Vennum, Edward J. Parker, Minneapolis, for intervening farmers in Traverse and Grant Counties.

Thomas C. Athens, Wheaton, for Traverse Air, Inc.

Considered and decided by the court en banc.


SHERAN, Chief Justice.

Appellants1 appeal from the final orders of a specially appointed three-judge district court panel2 composed of Judge Ronald E. Hachey of St. Paul, Judge Charles W. Kennedy of Wadena, and Judge Thomas J. Stahler of Morris affirming decisions of the Minnesota Environmental Quality Council (MEQC)3 and the Minnesota Energy Agency (MEA) approving the joint construction...

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