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AGRA RESOURCES v. FREEBORN COUNTY

No. A03-1440.

682 N.W.2d 681 (2004)

AGRA RESOURCES COOP d/b/a Exol, Relator, v. FREEBORN COUNTY BOARD Of COMMISSIONERS, Respondent.

Court of Appeals of Minnesota.

July 13, 2004.

Attorney(s) appearing for the Case

Arvid Wendland, Wendland Timmerman, Blue Earth, MN, for relator.

Craig S. Nelson, Freeborn County Attorney, Albert Lea, MN, for respondent.

Considered and decided by HARTEN, Presiding Judge; HALBROOKS, Judge; and MINGE, Judge.

OPINION

MINGE, Judge.

On appeal from the county's imposition of a volume-based fee as a basis for discharges into a ditch, relator argues that Chapter 103E of the Minnesota Statutes regarding ditches does not authorize a volume-based user fee. Respondent county board argues that it lacked the jurisdiction to grant the outlet for industrial wastewater and that its order should be vacated. Because we conclude that a county board, as a ditch authority, may...

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