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PELICAN GROUP OF LAKES IMP. DIST. v. DNR

No. CX-98-1529.

589 N.W.2d 517 (1999)

PELICAN GROUP OF LAKES IMPROVEMENT DISTRICT, Appellant, Pelican Lakes Property Owners' Association, Appellant, v. MINNESOTA DEPARTMENT OF NATURAL RESOURCES, Cormorant Lakes Watershed District, Cormorant Township, Respondent.

Court of Appeals of Minnesota.

March 9, 1999.

Attorney(s) appearing for the Case

Thomas H. Graham, Detroit Lakes, MN (for appellant Pelican Group of Lakes Improvement District)

Richard Henderson, Daniel J. Crothers, Nilles, Hansen & Davies, Ltd., Fargo, ND (for appellant Pelican Lake Property Owners' Association)

Michael A. Hatch, Attorney General, William A. Szotkowski, Assistant Attorney General, St. Paul, MN (for respondent Department of Natural Resources)

Jay D. Carlson, Fargo, ND (for respondent Cormorant Lakes Watershed District)

Michael T. Feichtinger, Mark R. Azman, Quinlivan & Hughes, P.A., St. Cloud, MN (for respondent Cormorant Township)

Considered and decided by HALBROOKS, Presiding Judge, CRIPPEN, Judge, and WILLIS, Judge.

OPINION

CRIPPEN, Judge.

Appellants, a lake improvement district and a property owners association, question the authority of the Cormorant Lakes Watershed District to make improvements, already in place, to discharge water from the Cormorant Lakes without first obtaining a permit from the Department of Natural Resources for the project. We affirm the trial court's decision that the appellants are not entitled to a writ mandating the Department to issue or...

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