HomeMy WebLinkAbout1980 08-06 Maplewood land owner is challenging law THE REVIEW Maplewo J land owner is challenging law `l"6
A frustrated Maplewood property his 3.94 parcel of marginal wetland near would have to place fill on his land. Park Rapids).It was supported by Sen.
owner is challenging the constitutionality Kohlman Lake.The property is located on DNA regulations prohibit the Jerry Hughes (DFL-Maplewood) and
of a state law that prevents him from the southwest corner of the intersection of placement of fill dirt on certain wetlands. Sen.Dee Knaak(IR-White Bear Lake).
building an auto dealership on his land. Beam Avenue and Highway 61. Clapp said a state hydrologist has issued a Hughes and Knaak have constituents
Ron McDaniels is expected to ask Marginal wetlands do not normally fall preliminary opinion saying that he living near Kohlman Lake who are op-
Ramsey County District Court for a under the jurisdiction of the DNR. believes that DNR cannot issue posed to the automobile dealership
preliminary injunction to stop the Min- However,in April the state Legislature McDaniels a permit to fill in his property. construction.
nesota Department of Natural Resources passed a supplemental appropriations bill William Essling, an attorney Members of the Kohlman-Gervais-
(DNR) from enforcing a state law that included six lines placing McDaniels' representing McDaniels,has previously Keller Lakes Improvement Association
governing his property.A hearing for the property under DNR regulation.It is this stated that he does not think the have been among the most vocal op-
injunction request is set at 10:30 a.m. law that McDaniels apparently wants Legislature's law is"worth the paper it is ponents of the dealership. They are
Friday at Room 1109, Ramsey County declared unconstitutional, according to printed on."Essling believes the law is an worried that oil and gasoline from the
Courthouse. Bill Clapp,an assistant attorney general. "illegal act" on the part of the business might seep into the nearby lake
McDaniels,who lives in Bloomington, The law potentially could block Legislature. and pollute it.
has been trying for nearly two years to McDaniels' plans to build the car The six-line law concerning McDaniels' They have been instrumental in getting
build a 12,319 square foot Toyota dealership. In order to construct the property was introduced in the 1966 several government agencies to
dealership and a 252 vehicle parking lot on parking lot and building, McDaniels Legislature by Sen.Gerald Willet,(DFL- scrutinize the project.