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STATE OF MINNESOTA IN COURT OF APPEALS A08-0427

In the Matter of the Denial of Certification of the Variance Granted to David Haslund by the City of St. Mary's Point.

Filed January 27, 2009 Affirmed Schellhas, Judge Minnesota Department of Natural Resources Agency File No. 8-2000-17912-2

Bradley J. Gunn, Malkerson, Gilliland & Martin, L.L.P., 220 South Sixth Street, Suite 1900, Minneapolis, MN 55402 (for relator David Haslund) Lori Swanson, Attorney General, David P. Iverson, Kimberly J. Middendorf, Assistant Attorneys General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101 (for respondent Commissioner of Natural Resources) Considered and decided by Schellhas, Presiding Judge; Johnson, Judge; and Crippen, Judge. SYLLABUS When a municipality's zoning ordinances conflict with Minnesota Department of Natural Resources (DNR) rules enacted under the Lower St. Croix Wild and Scenic River Act, DNR's rules control.

Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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