STATE BY DRABIK v. MARTZ

No. C6-89-1620.

451 N.W.2d 893 (1990)

STATE of Minnesota, by Harry F. DRABIK, Respondent, v. Timothy D. MARTZ, Appellant.

Court of Appeals of Minnesota.

Review Denied April 25, 1990.


Attorney(s) appearing for the Case

James B. Lynch, Scott A. Benson, Dorsey & Whitney, Minneapolis, for respondent.

David Jones, Lee E. Sheehy, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for appellant.

Susan M. Swift, Mackall, Crounse & Moore, Minneapolis, for amicus curiae, Cook County.

Considered and decided by HUSPENI, P.J., and FOLEY and STONE, JJ.


OPINION

HUSPENI, Judge.

Appellant Timothy D. Martz ("Martz") seeks review of the trial court's preliminary injunction prohibiting construction of a 600 + foot radio tower near the boundary waters canoe area ("BWCA") pending trial on the merits of an action pursuant to the Minnesota Environmental Rights Act ("MERA"), Minn.Stat. ch. 116B (1988). We affirm.

FACTS

In 1986, Martz began searching for a site in northern Minnesota from which to...

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