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BERNE AREA ALLIANCE v. DODGE COUNTY COM'RS

No. A04-1287.

694 N.W.2d 577 (2005)

BERNE AREA ALLIANCE FOR QUALITY LIVING, et al., Appellants, v. DODGE COUNTY BOARD OF COMMISSIONERS, et al., Respondents.

Court of Appeals of Minnesota.

April 12, 2005.

Attorney(s) appearing for the Case

James Pierce Peters, Peters & Peters, P.L.C., Alexandria, MN, for appellants.

Jay Thomas Squires, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for respondents.

Considered and decided by RANDALL, Presiding Judge; MINGE, Judge; and WRIGHT, Judge.

OPINION

WRIGHT, Judge.

In this appeal of the district court's entry of summary judgment, appellants Berne Area Alliance for Quality Living, et al. (collectively BAA), challenge the district court's determination that respondents Dodge County and its Board of Commissioners did not act arbitrarily and capriciously in concluding that an environmental impact statement (EIS) for the construction of a hog confinement facility was not required. The county argues...

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