COM'R OF NATURAL RES. v. LAC QUI PARLE CTY.

No. 82-358.

326 N.W.2d 655 (1982)

COMMISSIONER OF NATURAL RESOURCES of the State of Minnesota, Appellant, v. LAC QUI PARLE COUNTY PUBLIC WATERS/WETLANDS HEARINGS UNIT, Respondent-Below, Gerald Dove, et al., Respondents, Gary Nygard, et al., Respondents, Gerald Wollschlager, et al., Respondents, Harlien Harwick and Gordon Harwick, Respondents.

Supreme Court of Minnesota.

Rehearing Denied December 29, 1982.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., and A.W. Clapp III, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Allan Swen Anderson, Granite Falls, for Lac Qui Parle County Pub. Waters and Dove, et al.

Nelson, Oyen, Torvik, Minge, Christopherson & Gilbertson, Montevideo and Bruce W. Christopherson, Clarkfield, for Nygard et al.

Swenson & Nelson and Roger Swenson, Madison, for Wollschlager et al.

Molter, Runchey, Louwagie & Wellman and Joseph H. Louwagie, Marshall, for Harwick et al.

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


TODD, Justice.

In the fall of 1980, pursuant to statute (Minn.Stat. § 105.391), a series of hearings were held in Lac Qui Parle County to identify public waters. The hearings closed and the panel met on November 21, 1980 to draft its decision. Forms had been provided by the Department of Natural Resources. The panel filled in the forms in longhand and signed the document. The D.N.R. agreed to provide stenographic services to the panel which had no staff.

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