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COUNTY OF FREEBORN v. BRYSON

Nos. 43569, 43574 and 43582.

210 N.W.2d 290 (1973)

COUNTY OF FREEBORN, by Robert C. TUVESON, its County Attorney, Respondent, v. William H. BRYSON, et al., Appellants, and State of Minnesota, by William H. Bryson, et al., Appellants, State of Minnesota, by Warren Spannaus, its Attorney General, intervenor, Appellant. STATE of Minnesota, by the Sierra Club, intervenor, Appellant, v. COUNTY OF FREEBORN, et al., Respondents.

Supreme Court of Minnesota.

August 31, 1973.

Attorney(s) appearing for the Case

Christian, Slen, Savelkoul, Johnson & Broberg and Rolf O. Slen, Albert Lea, for Bryson.

Warren Spannaus, Atty. Gen., Curtis D. Forslund, Sol. Gen., Jonathan H. Morgan, Asst. Atty. Gen., Geoffrey P. Jarpe, Spec. Asst. Atty. Gen., Minneapolis, for State by Spannaus.

Lawrence D. Downing, Rochester, Michael J. Mollerus, Minneapolis, Will Hartfeldt, St. Paul, for State by Sierra Club.

Robert C. Tuveson, County Atty., Bob A. Goldman, Asst. County Atty., Albert Lea, for respondent.

Ralph T. Keyes and Mentor C. Addicks, Jr., St. Paul, for Assoc. of Minnesota Counties, amicus curiae.

Heard and considered en banc.

KELLY, Justice.

This action was brought in response to condemnation proceedings initiated by the County of Freeborn for the purpose of acquiring certain lands for the construction of a county highway. William H. Bryson and Arlene Bryson, owners of lands sought to be condemned, filed an answer in the condemnation proceedings and brought this action pursuant to Minn.St. c. 116B (Minnesota Environmental Rights Act) alleging that the proposed condemnation would materially...

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