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MATTER OF PLUM GROVE LAKE (LAKE 3-564)

No. 50549.

297 N.W.2d 130 (1980)

In the Matter of the Alteration of the Outlet Elevation of PLUM GROVE LAKE (LAKE 3-564), BECKER COUNTY, Minnesota.

Supreme Court of Minnesota.

Rehearing Denied September 30, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., and Carl M. Conney, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Irvine, Ramstad, Quam & Briggs and Robert W. Irvine, Detroit Lakes, for Zurn, et al.

John E. Pearson, County Atty., Detroit Lakes, for Becker County.

Heard, considered and decided by the court en banc.

ROGOSHESKE, Justice.

Appellant, Minnesota Department of Natural Resources (DNR), appeals from an order of the trial court reversing a final order issued by the commissioner of the DNR after a contested case hearing requiring respondent, County of Becker, to restore a body of water known as Plum Grove Lake that had, through a series of events, been drained. When the commissioner first issued the restoration order in 1977, local landowners requested a contested case...

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