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CITIZENS FOR A BETTER HUTCHINSON v. MINNESOTA, ETC.

No. 46820.

255 N.W.2d 229 (1977)

CITIZENS FOR A BETTER HUTCHINSON, etc., Appellant, v. The MINNESOTA DEPARTMENT OF NATURAL RESOURCES, et al., Respondents, City of Hutchinson, Respondent.

Supreme Court of Minnesota.

May 6, 1977.

Attorney(s) appearing for the Case

Dayton, Herman & Graham, John H. Herman and Kathleen M. Graham, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., William G. Peterson, Spec. Asst. Atty. Gen., St. Paul, for Minn. Dept. of Natural Resources, et al.

Keefe, Schantzen, Bradford & Richards, and Milton D. Schantzen, Hutchinson, for City of Hutchinson.

W. B. Haas, Hutchinson, for Common Sense Group, seeking affirmance, amicus curiae.

Heard before TODD, MacLAUGHLIN and STAHLER, JJ., and considered and decided by the court en banc.

PER CURIAM.

The city of Hutchinson proposed to construct a bridge within its city limits over the south fork of the Crow River. A hearing was held by the Minnesota Department of Natural Resources (DNR) which thereafter approved the construction. The plaintiff challenged the DNR decision alleging in nine separate causes of action that the granting of the permit was improper. The trial court dismissed eight of the nine counts, stating that all the matters raised in...

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