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CITY OF BIRCHWOOD VILLAGE v. SIMES

No. C7-97-1915.

576 N.W.2d 458 (1998)

CITY OF BIRCHWOOD VILLAGE, Appellant, v. Josephine Berg SIMES, Respondent.

Court of Appeals of Minnesota.

April 7, 1998.

Attorney(s) appearing for the Case

Frederic W. Knaak, Holstad & Larson, P.L.C., St. Paul, for respondent.

Gregory G. Galler, Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P., Stillwater, for appellant.

Considered and decided by DAVIES, P.J., and KALITOWSKI and FOLEY, JJ.

OPINION

DANIEL F. FOLEY, Judge.*

The City of Birchwood Village appeals from summary judgment in favor of respondent Josephine Simes, a boat owner and resident, arguing that the district court erred when it ruled that state legislation establishing the White Bear Lake Conservation District (conservation district) preempts any ordinances enacted by the city regarding boat size. Because state legislation establishing the conservation...

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