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STATE DEPT. OF NAT. RESOURCES v. OLSON

No. 48385.

275 N.W.2d 585 (1979)

STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, By Its COMMISSIONER, Appellant, v. Wesley OLSON, Respondent.

Supreme Court of Minnesota.

January 12, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., James Schoessler, Spec. Asst. Atty. Gen., St. Paul, for appellant.

Swenson & Nelson, Madison, for respondent.

Gislason Dosland Malecki Gislason & Halvorson and James H. Malecki, New Ulm, for Galler, Strohl, Miller, Ziegler, and Minn. Chapter, Land Improvement Contractors of America, amicus curiae, seeking affirmance.

Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., and Raymond A. Haik, Minneapolis, for Minn. Div. of Izaak Walton League of America et al., amicus curiae, seeking reversal.

Considered and decided by the court en banc.

TODD, Justice.

Respondent, Wesley Olson, is the owner of 700 acres of farmland in Big Stone County, Minnesota. Included in this property is most of an 81-acre tract of land known as Sweetwater Lake. The Department of Natural Resources (DNR) sought injunctive relief to prevent respondent's draining of the lake for agricultural purposes. The lower court denied the relief, ruling that the granting of the injunction would constitute an unconstitutional taking of Olson...

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