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STATE OF MINNESOTA IN COURT OF APPEALS A07-1492 Dean Carl Mertins, petitioner, Appellant, vs. Commissioner of Natural Resources, Respondent. Filed September 2, 2008 Affirmed; motion denied Minge, Judge Washington County District Court File No. C0-07-636 Kirk Schnitker, Jon W. Morphew, Schnitker & Associates, P.A., 1330 81st Avenue Northeast, Spring Lake Park, MN 55432 (for appellant) Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101; and Doug Johnson, Washington County Attorney, Maura J. Shuttleworth, Assistant County Attorney, 14949 62nd Street North, P.O. box 6, Stillwater, MN 55082 (for respondent) Considered and decided by Wright, Presiding Judge; Lansing, Judge; and Minge, Judge . SYLLABUS 1. Minn. Stat.

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