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STATE OF MINNESOTA IN COURT OF APPEALS A09-1889 R. James Swenson, Appellant, vs. Mark Holsten, in his official capacity as Commissioner of the Minnesota Department of Natural Resources, et al., Respondents. Filed June 22, 2010 Reversed and remanded Wright, Judge Crow Wing County District Court File No. 18-CV-09-2429 Charles Schoenwetter, Michael R. Carey, Bowman & Brooke, Minneapolis, Minnesota (for appellant) Lori Swanson, Attorney General, Kimberly J. Middendorf, Assistant Attorney General, St. Paul, Minnesota (for respondents) Considered and decided by Wright, Presiding Judge; Ross, Judge; and Harten, Judge.* SYLLABUS Because Minn. Stat.

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