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ROACH v. COM'R OF DEPT. OF NATURAL RESOURCES

No. CO-84-525.

356 N.W.2d 432 (1984)

Jack ROACH, Relator, v. COMMISSIONER OF DEPARTMENT OF NATURAL RESOURCES, Respondent, Intervening Landowners on Kimball Point, Respondent.

Court of Appeals of Minnesota.

October 16, 1984.

Attorney(s) appearing for the Case

Joseph W. Ryan, Ryan, Ryan & Zimmerman, Aitkin, for Jack Roach.

Hubert H. Humphrey, III, Atty. Gen., Tibor Gallo, Sp. Asst. Atty. Gen., St. Paul, for Commissioner of Department of Natural Resources.

Jeffrey J. Haberkorn, Hudson & Haberkorn, Aitkin, for Intervening Landowners on Kimball Point.

Heard, considered and decided by POPOVICH, C.J., and LESLIE and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

This appeal is on a decision of the Commissioner of Natural Resources to deny a permit for road and bridge construction. Appellant contends the decision is not adequately supported by evidence and misapplies environmental statutes and rules. The Commissioner opposes the construction of a roadway in a lakebed and asserts appellant has a nondetrimental alternative, construction of a longer bridge. The Commissioner's decision is supported...

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