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STATE BY WASTE MANAGEMENT BD. v. BRUESEHOFF

No. CX-83-1221.

343 N.W.2d 292 (1984)

STATE of Minnesota By the WASTE MANAGEMENT BOARD, Respondent, v. Mae M. BRUESEHOFF, et al., Appellants.

Court of Appeals of Minnesota.

January 11, 1984.

Attorney(s) appearing for the Case

Robert A. Nicklaus, Nicklaus, Monroe & Fahey, Chaska, for appellants.

Hubert H. Humphrey, III, Atty. Gen., Allan W. Kowalchyk, Sp. Asst. Atty. Gen., Roseville, for respondent.

Heard, considered and decided by POPOVICH, C.J., and FOLEY and SEDGWICK, JJ.

OPINION

FOLEY, Judge.

This is a case of first impression. It comes as an appeal from a summary judgment enjoining appellant landowners from interfering with electrical resistivity testing upon their land by the Waste Management Board. Both as a matter of statutory interpretation and as a matter of constitutional law, appellants contest the board's right to conduct the tests without first conducting condemnation proceedings. They also challenge the boards...

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