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BARTELL v. STATE

No. 49148.

284 N.W.2d 834 (1979)

In the Matter of the Application of Edward BARTELL and Barko Hydraulics, Incorporated, for a Permit to Place Fill in the Bed of Lake Superior, Appellants, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

October 12, 1979.

Attorney(s) appearing for the Case

Harper, Eaton, Peterson & Overom and Wayne E. Gilbert, James Harper, and Timothy O. Lee, Duluth, for appellants.

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., and Steven J. Johnson, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered, and decided by the court en banc.

ROGOSHESKE, Justice.

Edward Bartell and Barko Hydraulics, Inc. (Barko) appeal from an order of the district court affirming in all respects an order of the Commissioner of the Department of Natural Resources (DNR). The DNR's order denied Barko's application for a retroactive permit to place fill in the bed of Lake Superior and requires Barko to remove the illegally placed fill and to restore the lakebed to its natural condition. The issues raised are: Whether the...

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