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Freeborn County v. Bryson

Citation: 2 ELR 20324
No. No. 25-783, (Minn. Dist. Ct., 01/17/1972) memorandum

The County of Freeborn will not be enjoined from condemning privately owned marshland for use as highway right-of-way in a suit brought under the Minnesota Environmental Rights Act of 1971. The statute's prohibition of "any conduct which materially adversely affects . . . the environment," except where there is no feasible and prudent alternative and the conduct is necessary to promote the public welfare, is not made applicable specifically to a county's exercise of the power of eminent domain by the language of the statute. In an order issued with its memorandum opinion (2 ELR 20079) the court certifies to the Minnesota Supreme Court the questions of whether a county's power of eminent domain is affected by the 1971 Act and whether the scope of judicial review of the "necessity" for a taking is changed by the Act.

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

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

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

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