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KRMPOTICH v. CITY OF DULUTH

Nos. C5-90-2036, C7-90-2037 and C8-90-2354.

483 N.W.2d 55 (1992)

Robert KRMPOTICH, et al., Denise Dahlgren, et al., Respondents, v. The CITY OF DULUTH, Petitioner, Watson Centers, Inc., Intervenor, Petitioner, Appellants.

Supreme Court of Minnesota.

April 10, 1992.

Attorney(s) appearing for the Case

Bruce D. Malkerson, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, and A. Blake MacDonald, MacDonald, Munger, Downs & Munger, Duluth, for Watson Centers, Inc.

William P. Dinan, Duluth City Atty., Duluth, for City of Duluth.

Harold A. Frederick, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, for Robert Krmpotich, et al.

Daniel H. Mundt, Mundt & Associates, Duluth, for Denise Dahlgren, et al.

Considered and decided by the court en banc without oral argument.

OPINION

SIMONETT, Justice.

The issue in this case is whether the court of appeals exceeded the scope of its appellate authority in reversing the trial court's declaration that the Watson Development project did not violate the Minnesota Environmental Rights Act. We reverse.

The factual and procedural history is detailed in the decision of the court of appeals. Krmpotich v. City of Duluth, 474 N.W.2d 392...

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