ELR Citation: ELR 20079
No(s). 25-783 (Minn. Dist. Ct. Jan 17, 1972)

The county of Freeborn will not be enjoined from condemning for use as a county highway lands which include wetlands used as a private game refuge not dedicated to public use. However, the questions of whether the power of eminent domain has been affected by the Minnesota Environmental Rights Act of 1971 (Chapter 952, Laws of 1971) and whether the scope of judicial review has been changed by that act, are certified for decision by the Minnesota Supreme Court.

Counsel for Freeborn County
Robert C. Tuveson Freeborn County Attorney
146 West Clark Street
Albert Lea, MN 56007

Counsel for Bryson
Rolf O. Slen
Henry Savelkoul
Christian, Slen, Savelkoul, Johnson and Broberg
222 East Main Street
Albert Lea, MN 56007

Counsel for Sierra Club, Intervenors
Michael J. Mollerus
1214 First National Bank Building
Minneapolis, MN 55402

Counsel for the State, Intervenor
Geoffrey Jarpe Special Assistant Attorney General
St. Paul, MN 55103