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SWAN LAKE ASS'N v. NICOLLET COM'RS

No. A05-1001.

711 N.W.2d 522 (2006)

STATE of Minnesota ex rel. SWAN LAKE AREA WILDLIFE ASSOCIATION, petitioner, Respondent, v. NICOLLET COUNTY BOARD OF COUNTY COMMISSIONERS, Appellant, v. Marlin Fitzner, et al., intervenor, Respondents.

Court of Appeals of Minnesota.

April 4, 2006.

Attorney(s) appearing for the Case

William G. Peterson, Peterson Law Office, P.A., Bloomington, MN and Garry D. Barnett, Mankato, MN, for respondent Swan Lake Area Wildlife Association.

Scott T. Anderson, Kimberley K. Sobieck, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for appellant.

Kurt A. Deter, Gerald W. Von Korff, Rinke-Noonan, Ltd., St. Cloud, MN, for respondents Marlin Fitzner, et al.

Considered and decided by WILLIS, Presiding Judge; KALITOWSKI, Judge; and STONEBURNER, Judge.

OPINION

KALITOWSKI, Judge.

Appellant Nicollet County Board of County Commissioners contends that because the drainage authority is the proper arbiter of claims asserted under the drainage code, the district court erred in determining that it had subject matter jurisdiction over a drainage-related claim brought under the Minnesota Environmental Rights Act (MERA).

FACTS

County ditch 46A ...

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