HERSCHMAN v. STATE DEPT. OF NATURAL RESOURCES

No. 44812.

225 N.W.2d 841 (1975)

In re Petition of Joseph A. Herschman, et al., for Establishment and Construction of County Ditch No. 63, Sibley County, Minnesota. Joseph A. HERSCHMAN, Petitioner, Appellant, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, By Robert L. HERBST, Its Commissioner, Respondent.

Supreme Court of Minnesota.

January 31, 1975.


Attorney(s) appearing for the Case

Young & Moriarty and Patrick Moriarty, New Ulm, for appellant.

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

Heard before OTIS, ROGOSHESKE and SCOTT, JJ., and considered and decided by the court en banc.


SCOTT, Justice.

This is an appeal from an order of the district court vacating an order of the Sibley County Board of County Commissioners which authorized the establishment of Sibley County Ditch No. 63, primarily to lower the water level of Swan Lake. The court concluded that inasmuch as Swan Lake is a meandered lake within the meaning of Minn.St.1971, § 106.021, subd. 2, a permit is required from the commissioner of natural resources before said lake can be...

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