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CENTRAL BAPTIST SEMINARY v. NEW BRIGHTON

Nos. C5-91-1401, C7-91-1934.

487 N.W.2d 528 (1992)

CENTRAL BAPTIST THEOLOGICAL SEMINARY, Respondent, v. CITY OF NEW BRIGHTON, Defendant, State of Minnesota, Department of Natural Resources, et al., Appellants.

Court of Appeals of Minnesota.

Review Denied August 27, 1992.

Attorney(s) appearing for the Case

Roger J. Magnuson, Gregory A. Fontaine, Erik A. Ahlgren, Dorsey & Whitney, Minneapolis, for Central Baptist Theological Seminary, respondent.

Hubert H. Humphrey, III Atty. Gen., Augustus W. Clapp, III, Donald A. Kannas, Sp. Asst. Attys. Gen., St. Paul, for State of Minnesota, Dept. of Natural Resources, et al., appellants.

Mark T. Johnson, Stephen J. Snyder, Carla J. Pederson, Winthrop & Weinstine, St. Paul, for amici curiae Sierra Club, et al.

Considered and decided by AMUNDSON, P.J., and HARTEN, and MULALLY, JJ.

OPINION

AMUNDSON, Judge.

Respondent's radio tower, built on upland with guy wires anchored in Jones Lake, was destroyed in a 1980 windstorm. Respondent subsequently secured all necessary permits to build a new tower in Jones Lake, except the permit required from appellant Department of Natural Resources (DNR). This court affirmed the DNR's refusal to issue the permit. See In re Central Baptist Theological Seminary...

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