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CARD v. KANDIYOHI CTY. BD. OF COM'RS

Nos. A04-886, A04-890.

713 N.W.2d 817 (2006)

CITIZENS ADVOCATING RESPONSIBLE DEVELOPMENT, et al., Respondents, v. KANDIYOHI COUNTY BOARD OF COMMISSIONERS, Appellant. (A04-886), Respondent (A04-890), Duininck Bros., Inc., Intervenor (A04-886), Appellant (A04-890).

Supreme Court of Minnesota.

May 11, 2006.

Attorney(s) appearing for the Case

John E. Mack, Mack & Daby P.A., New London, MN, for Appellant Card.

Jay T. Squires, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for Respondent Kandiyohi Cty.

Donald H. Walser, Kraft, Walser, Hettig & Honsey, PLLP, Hutchinson, MN, for Respondent Duininck.

Mike Hatch, Minnesota Attorney General, Dwight S. Wagenius, Richard P. Cool, Assistant Attorneys General, St. Paul, MN, for Amicus Eqb.

Noah D. Hall, National Wildlife Federation, Ann Arbo, MI, Janette K. Brimmer, MN Center for Environmental Advocacy, St. Paul, MN, for Amici Nat'l Wild-Life Fed. and MN Center for Env. Advocacy.

Paul D. Reuvers, Jason J. Kuboushek, Iverson Reuvers, LLC, Bloomington, MN, for Amicus Ass'n of MN Counties.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, PAUL H., Justice.

On July 29, 2003, respondent Kandiyohi County determined that an environmental impact statement (EIS) was not necessary for two gravel pit projects proposed by respondent Duininck Brothers, Inc. Following this determination, appellant Citizens Advocating Responsible Development (CARD), an environmental advocacy group, brought a declaratory judgment action in Kandiyohi County District Court in an effort to overturn the...

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