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McGUIRE v. COUNTY OF SCOTT

No. CX-94-1652.

525 N.W.2d 583 (1994)

David C. McGUIRE, et al., Respondents, v. The COUNTY OF SCOTT, Appellant.

Court of Appeals of Minnesota.

Review Denied March 14, 1995.

Attorney(s) appearing for the Case

Leo G. Stern, Jay Quam, Fredrikson & Byron, P.A., Minneapolis, for respondents.

James A. Terwedo, Scott County Atty., Brian A. Nasi, Asst. County Atty., Shakopee, for appellant.

Considered and decided by AMUNDSON, P.J., and LANSING and KLAPHAKE, JJ.

OPINION

LANSING, Judge.

A county seeks to raise the affirmative defense of "no feasible and prudent alternative" in an action brought under the Minnesota Environmental Rights Act alleging that a proposed highway project violates a state noise regulation. The district court ruled that the affirmative defense is not available to defendants in actions based on regulation violations, and we affirm.

FACTS

David McGuire and several neighbors...

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