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HOLTE v. STATE

No. C2-90-1538.

467 N.W.2d 346 (1991)

Julius HOLTE, Glenn Holte, Wayne Buchholtz, A.R. Minch, and others similarly situated, and State of Minnesota, Appellants, v. STATE of Minnesota; Lyle Schultz, Clay County Agricultural Inspector; and Keene Township, Respondents.

Court of Appeals of Minnesota.

Review Denied May 16, 1991.

Attorney(s) appearing for the Case

Zenas Baer, Wefald & Baer, Hawley, for appellants.

Hubert H. Humphrey, III, Atty. Gen., John K. Lampe, Sp. Asst. Atty. Gen., St. Paul, for appellant State.

Larry K. Mickelberg, Clay County Atty., Moorhead, for respondent Lyle Schultz.

Wallace F. Gustafson, Willmar, for respondent Keene Tp.

Considered and decided by DAVIES, P.J., and RANDALL and KLAPHAKE, JJ.

OPINION

DAVIES, Judge.

Appellants argue that the Minnesota Grasshopper Control Act conflicts with the Minnesota Environmental Rights Act and that it unconstitutionally denies them due process of law. We disagree and affirm.

FACTS

In July 1989, pursuant to a grasshopper eradication program under Minn.Stat. §§ 18.0223-.0227 (Supp.1989), the Minnesota Grasshopper Control Act (MGCA), appellant Wayne Buchholtz was ordered by Clay County...

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