IN RE HASLUND

No. A08-427.

781 N.W.2d 349 (2010)

In the Matter of the Denial of Certification of the Variance Granted to David HASLUND by the City of St. Mary's Point.

Supreme Court of Minnesota.

April 29, 2010.


Attorney(s) appearing for the Case

Bradley J. Gunn, Malkerson Gilliland Martin, LLP, Minneapolis, MN, for appellant David Haslund.

Lori Swanson, Attorney General, David P. Iverson, Kimberly Middendorf, Assistant Attorneys General, St. Paul, MN, for respondent Commissioner, Minnesota Department of Natural Resources.


OPINION

MEYER, Justice.

This case examines the Minnesota Department of Natural Resources' (DNR) intervention in local land-use decisions under the Lower St. Croix Wild and Scenic River Act (Lower St. Croix Act). At issue specifically is whether the DNR may enforce Minn. R. 6105.0380, subp. 2(B) (2009), prohibiting a proposed development, when the DNR approved the city's Bluffland/Shoreland Management Ordinance § 602.02 (1978) (BSM ordinance), which...

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