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URBAN COUNCIL, ETC. v. MINN. DEPT., ETC.

Nos. 50636, 50685.

289 N.W.2d 729 (1980)

URBAN COUNCIL ON MOBILITY, Petitioner, Respondent, v. MINNESOTA DEPARTMENT OF NATURAL RESOURCES, Respondent-Below. Appeal of ASSOCIATED FAMILIES.

Supreme Court of Minnesota.

January 25, 1980.

Attorney(s) appearing for the Case

Dayton, Herman, Graham & Getts and Charles K. Dayton, Minneapolis, for petitioner-respondent.

Luther M. Stalland, Minneapolis, for respondent-below.

Stephen J. Snyder, Minneapolis, for amicus curiae.

Paul H. Hauge and Bradley Smith, Eagen, for City of Eagan.

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

SCOTT, Justice.

This appeal involves an order of the Commissioner of Natural Resources, dated December 15, 1978, which denied the application of the Minnesota Department of Transportation (DOT) for a permit to construct a portion of Interstate Freeway I-35-E by bridging Blackhawk Lake in Eagan, Minnesota, and, instead, provided that the DOT be granted a permit to construct the required freeway segment around the east side of the lake. The district court reversed the...

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