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STATE, DEPARTMENT OF CONSERVATION v. SHERIFF

No. 43677.

207 N.W.2d 358 (1973)

STATE of Minnesota, DEPARTMENT OF CONSERVATION, by Jarle Leirfallom, its Commissioner, Respondent, v. Albert H. SHERIFF, Appellant.

Supreme Court of Minnesota.

May 4, 1973.

Attorney(s) appearing for the Case

Swenson Grover & Lervick and John C. Lervick, Alexandria, for appellant.

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., William G. Peterson, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard before KNUTSON, C. J., and TODD, MacLAUGHLIN, and OLSON, JJ.

MacLAUGHLIN, Justice.

This is an appeal from a summary judgment in favor of plaintiff, State of Minnesota. We affirm in part and reverse in part.

Defendant, Albert H. Sheriff, owns property on Lake Minnewaska near Glenwood in Pope County, Minnesota. In 1961, defendant applied to the commissioner of conservation (now commissioner of natural resources), pursuant to Minn.St. 105.42, for a permit to place fill upon the bed of Lake Minnewaska. After public hearings...

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