COUNTY OF FREEBORN BY TUVESON v. BRYSON

Nos. 45601-2, 45610.

243 N.W.2d 316 (1976)

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

Supreme Court of Minnesota.

June 18, 1976.


Attorney(s) appearing for the Case

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

Warren Spannaus, Atty. Gen., Peter W. Sipkins, Sol. Gen., James P. Gerlach, Sp. Asst. Atty. Gen., St. Paul, for State.

Will H. Hartfeldt, St. Paul, Carol L. Moore, Mound, for State by Sierra Club.

Bob A. Goldman, County Atty., Robert C. Tuveson, Asst. County Atty., Albert Lea, for County of Freeborn, and others.

Considered and decided by the court en banc.


YETKA, Justice.

Three appeals from a judgment refusing to enjoin Freeborn County from constructing a highway across a natural wildlife marsh, entered following denial of a post-trial motion for amended findings. We reverse.

Because our decision is based on a perceived legislative intent to subordinate the county's interest in highways to the state's paramount concern for the protection of natural resources, it is worthwhile at the outset to quote at length...

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