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IN RE KALDAHL

No. C1-87-1486.

418 N.W.2d 532 (1988)

In re David H. KALDAHL, Five Lake (56-357-P), Otter Tail County, Building of an Unauthorized Excavated Channel and Removal of Unauthorized Fill Below the Ordinary High Water Mark of Five Lake.

Court of Appeals of Minnesota.

February 2, 1988.

Attorney(s) appearing for the Case

Richard C. Hefte, Rufer & Hefte, Fergus Falls, for Kaldahl.

Hubert H. Humphrey, III, Atty. Gen., Augustus W. Clapp, III, Sp. Asst. Atty. Gen., St. Paul, for respondent Dept. of Natural Resources.

Heard, considered and decided by NIERENGARTEN, P.J., and FOLEY and IVERSON, JJ.

OPINION

NIERENGARTEN, Judge.

The relator property owner previously was acquitted of misdemeanor charges for altering a cross-section of public waters without obtaining a permit. The relator now contends the Department of Natural Resources is barred by the doctrines of res judicata and double jeopardy from ordering restoration of the property in a civil proceeding. We affirm.

FACTS

Relator David Kaldahl is the principal stockholder and officer...

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