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COUNTY OF PINE v. STATE, DEPT. OF NAT. RES.

Nos. 49338, 49406.

280 N.W.2d 625 (1979)

COUNTY OF PINE, Respondent, and John J. Scanlan, et al., intervenors, Respondents, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, et al., Appellants (49338), and Ronald M. Christianson, intervenor, Appellant (49406).

Supreme Court of Minnesota.

Rehearing Denied July 9, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., D. Douglas Blanke, Spec. Asst. Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., and A. W. Clapp, III, Spec. Asst. Atty. Gen., St. Paul, for State, Dept. of Natural Resources, et al.

Nemerov & Robbins and Ford M. Robbins, Minneapolis, for Christianson.

Thomas J. Ryan, County Atty., Pine City, for Pine County.

John J. Scanlan, pro se, and Sharon L. Scanlan, for intervenors-respondents.

Samuel H. Morgan, St. Paul, for Olson, et al.

Jeffrey R. Brooke, Minneapolis, for The Sierra Club.

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

ROGOSHESKE, Justice.

At issue is the constitutionality of the Kettle River Wild and Scenic Rivers Ordinance (Kettle River ordinance), adopted pursuant to the Minnesota Wild and Scenic Rivers Act, Minn.St. 104.31 to 104.40. Minnesota Department of Natural Resources (DNR) and its commissioner, defendants, and Ronald Christianson, intervenor, appeal from a judgment permanently enjoining enforcement of the Kettle River ordinance to the extent that its provisions exceed...

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