GAYLE'S MARINA v. MINNEHAHA CREEK

No. C0-89-2262.

451 N.W.2d 907 (1990)

GAYLE'S MARINA CORP., Petitioner, v. MINNEHAHA CREEK WATERSHED DISTRICT, Respondent.

Court of Appeals of Minnesota.

Review Granted April 4, 1990.


Attorney(s) appearing for the Case

Steven Christenson, Dorsey & Whitney, Minneapolis, for petitioner.

Louis Smith, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for respondent.

Considered at Special Term and decided by WOZNIAK, C.J., and RANDALL and SCHUMACHER, JJ.


SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

Petitioner is a commercial marina on Lake Minnetonka. The marina sought an amended dredging permit from respondent watershed district. The board of managers of the district denied the request. The marina appealed the denial of the amended permit to the district court. The district court ruled that Minn.Stat. § 112.801, subd. 1 (1988) does not allow an appeal from the managers' decision on a permit application...

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