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STATE EX REL. LUDWIG v. CITY OF BEMIDJI

No. 44079.

212 N.W.2d 876 (1973)

STATE of Minnesota ex rel. James P. LUDWIG and James P. Ludwig, Individually, Appellant, v. CITY OF BEMIDJI, Respondent.

Supreme Court of Minnesota.

November 23, 1973.

Attorney(s) appearing for the Case

Kief & Duranske and George L. Duranske III, Bemidji, for appellant.

Smith, McRae & Hilligan and Thomas M. Hilligan, Eugene Ouradnik, City Atty., Bemidji, for respondent.

Heard and considered en banc.

OTIS, Justice.

These proceedings have been brought by a resident of Beltrami County to enjoin the city of Bemidji under the provisions of the Minnesota Environmental Rights Act, Minn.St. c. 116B, from polluting the Mississippi River and to recover damages arising from a nuisance maintained by the city. Section 116B.03, subd. 1, provides, in part, that "no action shall be allowable under this section for conduct taken by a person pursuant to any * * * permit issued...

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