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MINNESOTA AGR. AIRCRAFT v. MANTRAP TP.

No. C6-92-2289.

498 N.W.2d 40 (1993)

The MINNESOTA AGRICULTURAL AIRCRAFT ASSOCIATION, et al., Respondents, v. TOWNSHIP OF MANTRAP, Appellant.

Court of Appeals of Minnesota.

March 30, 1993.

Attorney(s) appearing for the Case

Larry D. Espel, Mark F. Ten Eyck, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for respondents.

James B. Wallace, Wallace Law Office, Park Rapids, John A. Nelson, Quinlivan Law Firm, St. Cloud, for appellant.

Hubert H. Humphrey III, Atty. Gen., John K. Lampe, Sp. Asst. Atty. Gen., for amicus curiae Minnesota Department of Agriculture.

Considered and decided by HARTEN, P.J., and LANSING and FOLEY, JJ.

OPINION

LANSING, Judge.

A township appeals from summary judgment and an injunction prohibiting enforcement of its ordinance regulating the aerial spraying of chemicals and pesticides. We affirm the district court's determination that the ordinance is preempted by Minn. Stat. § 18B.02 (1990).

FACTS

In May 1992 the Township of Mantrap adopted a pesticide ordinance entitled "Ordinance to Regulate Aerial Spraying, Article 4, Sect. 9, An...

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