Environmental Law – Lake Crest Elevations

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The Swan Lake Area Wildlife Association commenced this action eight years ago with the goal of increasing the depth of two lakes in Nicollet County-Little Lake and Mud Lake-to foster better wildlife habitats. The District Court ordered the county to repair a dam so that the two lakes would achieve a crest elevation of 973 feet above sea level. This elevation is three feet lower than the elevation sought by the association. The association argued on appeal that the District Court erred by issuing injunctive relief that would ensure a crest elevation of only 973 feet, not 976 feet.

The Court of Appeals held that the District Court did not abuse its discretion by ordering Nicollet County to establish a crest elevation of 973 feet above sea level for the lakes as an equitable remedy for the county’s violation of the Minnesota Environmental Rights Act. The District Court reasonably concluded that a crest elevation of 973 feet is in harmony with the concurrent authority of the county and the Department of Natural Resources to manage water levels pursuant to other statutory schemes. Further, they held that the District Court reasonably concluded that the remedy sought by appellant, a crest elevation of 976 feet above sea level, would constitute an improper retroactive application of the Minnesota Environmental Rights Act. And the District Court reasonably concluded that appellant’s sought-after remedy would impose unnecessary hardships on the county as well as the owners of properties near the lakes. Affirmed.

A10-1025 State v. Nicollet County Bd. of County Comm’rs (Nicollet County)

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