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DAKOTA COUNTY, ETC. v. MINN. DEPT., ETC.

No. 81-1268.

322 N.W.2d 757 (1982)

DAKOTA COUNTY ENVIRONMENTAL PROTECTION ASSOCIATION, Appellant, v. MINNESOTA DEPARTMENT OF NATURAL RESOURCES, Respondent, Minnesota Department of Transportation, Respondent.

Supreme Court of Minnesota.

August 13, 1982.

Attorney(s) appearing for the Case

Stuurmans & Kelly, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., and A. W. Clapp III, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Dept. of Natural Resources.

Warren Spannaus, Atty. Gen., William A. Caldwell and Eric B. Schultz, Sp. Asst. Attys. Gen., St. Paul, for Minnesota Dept. of Transp.

Considered and decided by the court en banc without oral argument.

YETKA, Justice.

The Dakota County Environmental Protection Association (DCEPA)1 sought judicial review pursuant to Minn.Stat. § 116B.10 (1980) of the findings and order of the commissioner of the Minnesota Department of Natural Resources (DNR) granting to the Minnesota Department of Transportation (DOT) a permit under Minn. Stat. § 105.42 (1980). The permit allows for the alteration of public waters as part of the construction...

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