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STATE BY SCHALLER v. COUNTY OF BLUE EARTH

No. C2-96-1004.

563 N.W.2d 260 (1997)

STATE of Minnesota by Douglas J. SCHALLER, Petitioner, Appellant, v. COUNTY OF BLUE EARTH, Respondent.

Supreme Court of Minnesota.

Rehearing Denied June 25, 1997.

Attorney(s) appearing for the Case

Karl O. Friedrichs, Friedrichs & Marsh, P.A., North Mankato, for Appellant.

Lawrence A. Moloney, Joel E. Abrahamson, Doherty, Rumble & Butler, P.A., Minneapolis, Russ E. Arneson, Blue Earth County Attorney, Mankato, for Respondent.

Keith S. Moheban, Jeanne M. Cochran, Robert M. Hogg, Leonard, Street & Deinard, P.A., Minneapolis, Mark F. Ten Eyck, Minnesota Center for Environmental Advocacy, St. Paul, for amicus curiae Minnesota Center for Environmental Advocacy.

Heard, considered and decided by the court en banc.

OPINION

KEITH, Chief Justice.

Appellant Douglas Schaller (Schaller) challenges the construction of a portion of a new two-lane highway, County State Aid Highway 90 (CSAH 90),1 south of Mankato in Blue Earth County. Schaller sought an injunction under the Minnesota Environmental Rights Act (MERA), Minn.Stat. ch. 116B (1996), barring that portion of the CSAH 90 project which traverses a ravine near the Blue Earth River on the Schaller...

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