State ex rel. Swan Lake Area Wildlife Ass'n v. Nicollet County Board of County Commissioners

799 N.W.2d 619, 2011 Minn. App. LEXIS 56, 2011 WL 1938178
CourtCourt of Appeals of Minnesota
DecidedMay 23, 2011
DocketNo. A10-1025
StatusPublished
Cited by12 cases

This text of 799 N.W.2d 619 (State ex rel. Swan Lake Area Wildlife Ass'n v. Nicollet County Board of County Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Swan Lake Area Wildlife Ass'n v. Nicollet County Board of County Commissioners, 799 N.W.2d 619, 2011 Minn. App. LEXIS 56, 2011 WL 1938178 (Mich. Ct. App. 2011).

Opinion

OPINION

JOHNSON, Chief Judge.

The Swan Lake Area Wildlife Association commenced this action eight years ago [623]*623with the goal of increasing the depth of two lakes in Nicollet County — Little Lake and Mud Lake — to foster better wildlife habitats. The case is before the court of appeals for the third time. In our second opinion, we affirmed the district court’s judgment in favor of the association based on the conclusion that Nicollet County violated the Minnesota Environmental Rights Act. We also held in our second opinion that the district court is authorized to fashion an equitable remedy that sets the crest elevation of the lakes, notwithstanding the county’s statutory authority to regulate ditches and the statutory authority of the Department of Natural Resources to regulate public waters.

On remand, the district court ordered the county to repair a dam so that the two lakes would achieve a crest elevation of 9731 feet above sea level. This elevation is three feet lower than the elevation sought by the association. The association argues on appeal that the district court erred by issuing injunctive relief that would ensure a crest elevation of only 973 feet, not 976 feet. We conclude that the district court did not abuse its discretion when awarding injunctive relief and, therefore, affirm.

FACTS

Our second opinion in this case contains a thorough recitation of the basic facts and procedural history of the case prior to this appeal. See State ex rel. Swan Lake Area Wildlife Ass’n v. Nicollet Cnty. Bd. of Cnty. Comm’rs, 771 N.W.2d 529, 531-34 (Minn.App.2009) (Swan Lake II); see also State ex rel. Swan Lake Area Wildlife Ass’n v. Nicollet Cnty. Bd. of Cnty. Comm’rs, 711 N.W.2d 522 (Minn.App.2006) (Swan Lake I), review denied (Minn. June 20, 2006). We need not repeat those facts but will merely supplement them as necessary for an understanding of the issues in this appeal.

The association is “a non-profit corporation organized to promote wildlife habitat protection, wildlife production and recreational hunting” in and near Nicollet County. In our second prior opinion, we affirmed the district court’s conclusion that the county violated the Minnesota Environmental Rights Act (MERA) by failing to repair a broken dam,2 which caused Little Lake and Mud Lake to drain and thereby reach low depths. Swan Lake II, 771 N.W.2d at 533-34. We reversed the district court’s conclusion that it did not have the power to determine the dam’s crest elevation, id. at 537, which “is the [624]*624height at which the lake begins to flow over a dam,” id. at 532. We remanded the case to the district court to set an “appropriate crest elevation.” Id. at 537.

On remand, the association sought a crest elevation of 976 feet because that elevation would attract and support water fowl. The county, the Department of Natural Resources (DNR), and intervening landowners who own property near the lakes sought a crest elevation of 973 feet. A crest elevation of 973 feet is consistent with a 1972 permit issued by the DNR to the county, which would have allowed the county to repair the dam at that level. But the county never made the repairs, thus exposing itself to liability under MERA.

The district court summarized Swan Lake I by quoting the opinion’s holding: “In light of the broad language of Minn. Stat. § 116B.12, we conclude that the district court has subject matter jurisdiction over [the association’s] MERA claim regardless of the administrative processes and remedies available under the drainage provisions of Minn.Stat. §§ 103E.055-.812.” 711 N.W.2d at 525-26. The district court also quoted the holding of Swan Lake II: “[I]t is well within the district court’s authority to set the dam’s crest elevation in order to raise the lakes’ water levels to protect them as natural resources.” 771 N.W.2d at 537. The district court concluded its recitation of Swan Lake I and Swan Lake II by stating: “The law of the case is that this Court is obligated to set the lake level, and that is an obligation that will be discharged consistent with the decisions from the Court of Appeals, as well as with statutory and other case law.”

With respect to the appropriate remedy, the district court was persuaded by the arguments of the county, the DNR, and the intervening landowners. The district court reasoned that 973 feet would remedy the MERA violation caused by the county’s failure to repair the dam. The district court rejected the association’s proposed remedy of a 976-foot elevation. The district court gave considerable deference to the positions of the county and the DNR, which argued for a crest elevation of 973 feet, because those entities maintain authority over water drainage and public waters pursuant to other statutory schemes. The district court also reasoned that it “should [not] attempt to go back and try to recreate the wetlands as they existed before there was any man-made drainage at all.” The district court further reasoned that an elevation of 976 feet “would result in harm to the Intervernors and others in the surrounding area well beyond the remedy that MERA appropriately provides in this particular circumstance” because it would result in widespread flooding, which “is an undue and unwarranted hardship to impose on area landowners.” Accordingly, the district court issued an order that requires the county to repair the dam so that it has a crest elevation of 973 feet above sea level. The association appeals.

ISSUE

Did the district court abuse its discretion by awarding injunctive relief that requires Nicollet County to establish a crest elevation of 973 feet above sea level for Little Lake and Mud Lake as an equitable remedy for the county’s violation of the Minnesota Environmental Rights Act?

ANALYSIS

The association argues that the district court erred by awarding injunctive relief in the form of an order requiring the county to establish a crest elevation of 973 feet instead of 976 feet. A district court’s award of injunctive relief is an exercise of its equitable powers. Borom v. City of St. [625]*625Paul, 289 Minn. 371, 376, 184 N.W.2d 595, 598 (1971). A district court has broad discretion when fashioning an equitable remedy. Nadeau v. County of Ramsey, 277 N.W.2d 520, 524 (Minn.1979). This court will reverse a district court’s equitable remedy only if the district court abuses its discretion. City of North Oaks v. Sarpal, 797 N.W.2d 18, 23 (Minn.2011) (citing Nadeau, 277 N.W.2d at 524). A district court abuses its discretion if “its decision is against the facts in the record” or if its “ruling is based on an erroneous view of the law.” Id. (citations omitted).

A.

The legislature enacted the Minnesota Environmental Rights Act based on the following legislative findings:

The legislature finds and declares that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located within the state and that each person has the responsibility to contribute to the protection, preservation, and enhancement thereof.

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Bluebook (online)
799 N.W.2d 619, 2011 Minn. App. LEXIS 56, 2011 WL 1938178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-swan-lake-area-wildlife-assn-v-nicollet-county-board-of-minnctapp-2011.