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MARSHALL COUNTY v. STATE

No. CX-01-716.

636 N.W.2d 570 (2001)

MARSHALL COUNTY, in its legal capacity as a drainage authority under Minn.Stat. Chapter 103E, et al., Respondents, v. The STATE of Minnesota & its Department of Natural Resources, et al., Appellants.

Court of Appeals of Minnesota.

December 4, 2001.

Attorney(s) appearing for the Case

Michael O. Freeman, Amy Reed, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for respondents.

Mike Hatch, Attorney General, Craig L. Engwall, Assistant Attorney General, David P. Iverson, Assistant Attorney General, St. Paul, MN, for appellants.

Noah D. Hall, Leonard, Street and Deinard, Minneapolis, MN, for amici curiae Izaak Walton League, et al.

Considered and decided by ANDERSON, Presiding Judge, SCHUMACHER, Judge, and FORSBERG, Judge.

OPINION

FORSBERG, Judge.*

Appellant State of Minnesota challenges the district court's grant of summary judgment to respondents, requiring the state to pay assessments on state lands for certain ditch improvements. The state alleges (a) there was no approval of the assessment by the Commissioner of the Department of Natural Resources (DNR) under Minn. Stat. § 84A.55, subd. 9 (2000); (b) the legislative history of that section...

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