IN RE ENVIRONMENTAL IMPACT STATEMENT

Nos. A13-0745, A13-1198.

849 N.W.2d 71 (2014)

In the Matter of Whether There is a Need for an ENVIRONMENTAL IMPACT STATEMENT (EIS) Regarding the David Nisbit Quarry Conditional Use Permit Application to Extract Industrial Sand, Pauline Connaughty, et al., Relators, v. Winona County Board of Commissioners, Respondent, David Nisbit, Respondent, Sherry Nisbit, Respondent, Tom Rowekamp, Respondent.

Court of Appeals of Minnesota.

June 16, 2014.


Attorney(s) appearing for the Case

James P. Peters , Law Offices of James P. Peters, PLLC, Glenwood, MN, for relators.

Jay T. Squires , Elizabeth J. Vieira , Rupp, Anderson, Squires & Waldspurger, P.A., Minneapolis, MN, for respondent Winona County Board of Commissioners.

Tom Rowekamp, Stewartville, MN, pro se respondent.

David and Sherry Nisbit, Utica, MN, pro se respondents.

Considered and decided by PETERSON, Presiding Judge; SCHELLHAS, Judge; and CONNOLLY, Judge.


OPINION

CONNOLLY, Judge.

Relators challenge the Winona County Board of Commissioners' decisions to issue a negative declaration on the need for an environmental impact statement and a conditional-use permit for a proposed silica sand mining project. Relators argue that (1) the negative declaration was based on an error of law because the county did not consider the cumulative potential effects of the project, ...

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