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WELSH v. CITY OF ORONO

No. C3-83-699, C2-83-1276.

355 N.W.2d 117 (1984)

C. Rex WELSH, Petitioner, Appellant (C2-83-1276), Respondent (C3-83-699), v. CITY OF ORONO, A Minnesota municipal corporation, Respondent (C2-83-1276), Appellant (C3-83-699).

Supreme Court of Minnesota.

Rehearing Denied October 23, 1984.

Attorney(s) appearing for the Case

Bruce D. Malkerson, Thomas J. Radio, Minneapolis, for City of Orono.

Scott G. Harris, Eileen M. Roberts, Minneapolis, for Welsh.

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

KELLEY, Justice.

The City of Orono denied C. Rex Welsh's (Welsh) application for a conditional use permit to dredge a portion of the bed of Lake Minnetonka adjoining the Welsh residence. Welsh filed this action seeking declaratory and injunctive relief.1 The trial court granted Welsh summary judgment on the ground that Orono lacked jurisdiction to regulate lakebed dredging. The court ruled any Orono regulation of dredging was void and...

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