STATE EX REL. SWAN LAKE AREA WILDLIFE ASSOC. v. NICOLLET CTY. BD. OF COUNTY COM'RS

No. A10-1025.

799 N.W.2d 619 (2011)

STATE of Minnesota ex rel. SWAN LAKE AREA WILDLIFE ASSOCIATION, relator, Appellant, v. NICOLLET COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent, v. Marlin Fitzner, et al., intervenors, Respondents, v. Minnesota Department of Natural Resources, third party defendant, Respondent.

Court of Appeals of Minnesota.

May 23, 2011.


Attorney(s) appearing for the Case

William G. Peterson , Peterson Law Office, P.A., Bloomington, MN, and Garry D. Barnett , Barnett Law, Ltd., Mankato, MN, for appellant.

Scott T. Anderson , Scott E. Schraut , Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for respondent Nicollet County Board of County Commissioners.

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

Lori Swanson , Attorney General, Jill Schlick Nguyen , Assistant Attorney General, St. Paul, MN, for respondent Minnesota Department of Natural Resources.

Considered and decided by JOHNSON, Chief Judge; SHUMAKER, Judge; and RANDALL, Judge.


OPINION

JOHNSON, Chief Judge.

The Swan Lake Area Wildlife Association commenced this action eight years ago with the goal of increasing the depth of two lakes in Nicollet County—Little Lake and Mud Lake—to foster better wildlife habitats. The case is before the court of appeals for the third time. In our second opinion, we affirmed the district court's judgment in favor of the association based on...

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