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IN RE APPEAL OF ROCHELEAU

No. A03-2046.

686 N.W.2d 882 (2004)

In the Matter of the APPEAL OF Robert and Julie ROCHELEAU of a Decision of the Carver County Environmental Services.

Court of Appeals of Minnesota.

September 28, 2004.

Attorney(s) appearing for the Case

Jon Erik Kingstad, Oakdale, MN, for relators Robert and Julie Rocheleau.

Paul D. Reuvers, Susan M. Tindal, Iverson Reuvers, LLC, Bloomington, MN, for respondent Carver County.

Mike Hatch, Attorney General, Paul Merwin, Assistant Attorney General, St. Paul, MN, amicus for MN Pollution Control Agency.

Considered and decided by SCHUMACHER, Presiding Judge, HALBROOKS, Judge, and PARKER, Judge.

OPINION

HALBROOKS, Judge.

Relators challenge a decision by the Carver County Board of Commissioners affirming Carver County Environmental Services' decision that relators' septic system had the potential to immediately threaten public health or safety and requiring them to submit a new design for a replacement septic system. Relators argue that (1) the county ordinance is preempted by state law; (2) the board's decision is unreasonable, oppressive, arbitrary...

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