FLOODPLAIN: Challenges to permit for glamping resort on river island properly rejected… Ohman affirmed. [Read more…]
Natural streambed, 310 law v. drain ditch
NATURAL STREAMBED: 310 law correctly found to apply to waterway over owner’s contention that it is merely a drain ditch… Rienne McElyea affirmed. [Read more…]
Preliminary injunction, road access dispute
PRELIMINARY INJUNCTION properly issued in road access dispute based on prima facie case that road was unabandoned county road… Gilbert affirmed. [Read more…]
Water, City’s protectable interest v. private utility
WATER: City’s water facility plan not a protectable interest which would preclude private utility from changing its place of use… DNRC/Rienne McElyea affirmed. [Read more…]
Water, Dearborn River irrigation ditch
WATER: Dearborn River irrigation ditch dispute properly resolved by Water Court… Ritter affirmed. [Read more…]
Subdivision, $650,000, application denial
SUBDIVISION: Denial of application reversed, remanded for approval with conditions, $650,000 for delay resulting from denial without substantial supporting evidence… JML at conclusion of advisory jury trial… Huss. [Read more…]
Environment, wastewater mixing zone
ENVIRONMENT: Issues related to proposed wastewater mixing zone under subdivision deferred pending remand for EIS… private AG fees properly denied… J. Brown affirmed, reversed. [Read more…]
Water, subdivision groundwater, mitigation
WATER: DNRC had authority to deny subdivision water permit despite settlement with objectors, properly required applicant to mitigate usage, improperly determined that proposed mitigation was inadequate… applicant not prejudiced by bias… J. Brown affirmed. [Read more…]
Water, municipal use change, “historic information,”
WATER: DNRC entitled to pre-73 “historic information” in Town’s application for changed uses, but no more than necessary for statutory requirements… incomplete application not ripe for review… J. Brown affirmed. [Read more…]
Water, untimely permit processing
WATER: DNRC failed to uphold duty to process permit application within timeframes, but mandamus not available until applicant proves criteria satisfied, improperly issued… J. Brown reversed. [Read more…]