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MINNEHAHA CR. WATERSHED DIST. v. HOFFMAN

No. 3-76 Civ. 149.

449 F.Supp. 876 (1978)

MINNEHAHA CREEK WATERSHED DISTRICT, a political subdivision of the State of Minnesota, Lake Minnetonka Conservation District, a public corporation and political subdivision of the State of Minnesota, Lake Minnetonka Association, a Minnesota non-profit Corporation, Thomas P. Lowe, and William Bradley VanNest, Plaintiffs, and The State of Minnesota, Department of Natural Resources, Plaintiff in Intervention, v. Martin R. HOFFMAN, Individually and as Secretary, Department of the Army, Corps of Engineers, Department of the Army, Lieutenant General William C. Gribble, Individually and as Chief of Engineers, Department of the Army, and Colonel Forrest T. Gay, Individually and as District Engineer, Corps of Engineers, Department of the Army, Defendants.

United States District Court, D. Minnesota, Third Division.

April 19, 1978.

Attorney(s) appearing for the Case

Raymond A. Haik, Popham, Haik, Schnobrich, Kaufman & Doty, Minneapolis, Minn., for plaintiff Minnehaha Creek Watershed Dist.

Glenn E. Purdue, LeFevere, Lefler, Pearson, O'Brien & Drawz, Minneapolis, Minn., for plaintiff Lake Minnetonka Conservation Dist.

Richard A. Hassel and Dobson West, Wright, West & Diessner, Minneapolis, Minn., for plaintiffs Lake Minnetonka Ass'n, Thomas P. Lowe and William Bradley VanNest.

Warren Spannaus, Atty. Gen., State of Minnesota, by Steven G. Thorne, Sp. Asst. Atty. Gen., St. Paul, Minn., for plaintiff in intervention.

Andrew W. Danielson, U. S. Atty., by Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., and Donald W. Fowler, Dept. of Justice, Washington, D. C., for defendants.

FINDINGS OF FACT AND MEMORANDUM ORDER

DONALD D. ALSOP, District Judge.

This case comes before the court on cross-motions for summary judgment based upon the pleadings and affidavits on file herein. It appearing to the court that no material issues of fact are in dispute, the case is ripe for a determination upon its merits.

This is an action for declaratory judgment and injunctive relief with respect to the regulatory jurisdiction asserted by the...

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