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2024.05.20 CC Packet
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2024.05.20 CC Packet
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City Council
Document Type
Minutes
Meeting Date
5/20/2024
Meeting Type
Regular
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<br />[204185/1] 12 <br />will be published in a public newspaper, in a form understandable to the <br />general public.60 <br />61. DNR appealed the District Court’s order to the Minnesota Court of <br />Appeals.61 <br />62. On September 10, 2018, the District Court partially stayed the effectiveness <br />of its order pending the resolution of the appeal by the appellate courts.62 <br />63. In April of 2019, a divided Court of Appeals panel reversed the District <br />Court’s judgment on jurisdictional grounds, dismissed the Associations’ Public Trust <br />Doctrine claim and remanded Petitioners’ Minnesota Environmental Rights Act claim for <br />administrative proceedings.63 <br />64. In May of 2019, the Associations petitioned for further review of the Court <br />of Appeals’ decision by Minnesota Supreme Court, and their petition was granted.64 <br />65. Following a remand from the Minnesota Supreme Court, the Court of <br />Appeals affirmed the District Court’s order in part, but also allowed permit holders to <br />request a contested case hearing prior to any of the permit amendments being effective.65 <br />66. Importantly, while the Court of Appeals allowed permit holders to request a <br />contested case hearing on the amendments, the appellate panel made clear that the <br />permit holders could not relitigate whether “appropriations within a five-mile radius of the <br />lake have or will have a negative impact on surface waters” of White Bear Lake.66 <br />67. In setting out this middle path, the appellate panel did not rule out the <br />possibility of inconsistent judgments between the outcomes of the District Court litigation <br />and the contested case processes. It noted: <br />We nevertheless caution the district court that heed must be taken of the <br />permit holders’ statutory right to a hearing as it administers the injunction <br />and that, depending on the evidence adduced at the contested-case <br />hearings, modifications may be appropriate.67 <br /> <br />60 Id. <br />61 See White Bear Lake Restoration Ass’n v. Dep’t of Nat. Res., et. Al., No. A18-0750, 2020 WL 7690268, <br />slip op. at *10 (Minn. Ct. App. 2020) (WBL III). <br />62 See WBL I, 928 N.W.2d at 358. <br />63 White Bear Lake Restoration Ass’n ex rel. State v. Minn. Dep’t of Nat. Res., 928 N.W.2d 351, 368-75 <br />(Minn. App. 2019) (WBL I). <br />64 See Petition for Further Review, A18-0750 (Minn. 2019); White Bear Lake Restoration Ass’n ex rel. State <br />v. Minnesota Dep’t of Nat. Res., 946 N.W.2d 373, 379 (Minn. 2020) (WBL II). <br />65 WBL III, slip op. at *9-*11. <br />66 Id. at 10. <br />67 WBL III, slip op. at *11; Minn. R. 6115.0740, subp. 3 and Minn. R. 6115.0750, subp. 5(c) (2023) extend <br />the right to a contested case hearing prior to “[a]ll actions” “amendments and modifications” to water <br />appropriation permits.
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