ELR Citation: ELR 20215
No(s). 242 (Minn. Aug 31, 1973)

The Supreme Court of Minnesota reverses the dismissal of an action brought under the Minnesota Environmental Rights Act to enjoin construction of a county highway across marshland, and remands the case to allow presentation of statutory defenses by the county. A prima facie case is established by evidence that the marshland is a statutorily protected natural resource which would be adversely affected by the presence of the highway. Plaintiffs have standing to sue even though they are exempted by statute from being sued themselves since their farm is family owned. The eminent domain power of the county is limited by the Act, but may be enforced by successfully asserting defenses to the statute. For earlier rulings by lower state courts, see 2 ELR 20079 and 2 ELR 20324.

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

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

Counsel for Sierra Club, Intervenors
Lawrence D. Dowling
611 Olmstead County Bank Building
Rochester, MN 55901

Michael J. Mollerus
1214 First National Bank Building
Minneapolis, MN 55402

William Hartfeldt
415 Hamm Building
St. Paul, MN 55102

Counsel for the State, Intervenor
Warren Spannaus Attorney General
Curtis D. Forslund Solicitor General
Geoffrey P. Jarpe Special Assistant Attorney General
717 Delaware Street, S.E.
Minneapolis, MN 55414

Counsel for Assoc. of Minnesota Counties, Amicus Curiae
Ralph Keyes
Mentor C. Addicks
Suite 203
55 Sherburne Avenue
St. Paul, MN 55103

Mr. JUSTICE YETKA and MR. JUSTICE SCOTT, not having been members of this court at the time of the argument and submission, took no part in the consideration or decision of this case.