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Lac qui Parle-Yellow Bank Watershed District wins Appeal in Minnesota State Court

January 7, 2015

The Goerke Family Partnership brought a declaratory-judgment action in district court challenging the Lac qui Parle-Yellow Bank Watershed’s approval of landowner William Croatt’s application for a drainage permit. Following a remand to the watershed district’s board of managers for further consideration, the district court affirmed the managers’ approval of the drainage permit. The Goerke Family Partnership appealed, arguing that the district court erred in allowing the board of managers to reconsider the issue and the board of managers erred in determining that the drainage system would be a reasonable use. On December 15, 2014, the Minnesota Court of Appeals held both that the district court properly remanded the issue to the board of managers and the board’s approval of Croatt’s application was reasonable because his proposed drainage system met the elements of the reasonable-use doctrine. Lac qui Parle-Yellow Bank Watershed District was represented by Jason J. Kuboushek.

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