WHITE v. MINN. DEPT. OF NATURAL RESOURCES

No. C8-97-62.

567 N.W.2d 724 (1997)

Tim WHITE, et al., individually and on behalf of the State of Minnesota, Appellants, v. MINNESOTA DEPARTMENT OF NATURAL RESOURCES, Respondent, and Birch Terrace, et al., Defendant-Intervenors, Respondents.

Court of Appeals of Minnesota.

August 19, 1997.


Attorney(s) appearing for the Case

Elizabeth H. Schmiesing, Brian B. O'Neill, Richard A. Duncan, Faegre & Benson L.L.P., Minneapolis, for appellants.

Hubert H. Humphrey, III, Attorney General, Craig L. Engwall, Assistant Attorney General, David P. Iverson, Assistant Attorney General, St. Paul, for respondent Minnesota Department of Natural Resources.

Grant J. Merritt, Burber Timmer Zahn, P.L.L.P., Minneapolis, for Defendant-Intervenors, Repondents.

Considered and decided by NORTON, P.J., and PETERSON and AMUNDSON, JJ.


OPINION

PETERSON, Judge.

In this appeal from a summary judgment, appellants argue that the district court erred in determining that: (1) the Minnesota Department of Natural Resources is not required to prepare an environmental impact statement for a trail project, and (2) appellants failed to establish a prima facie case under the Minnesota Environmental Rights Act. We affirm in part, reverse in part, and remand.

FACTS

In 1975, the legislature...

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