Campbell Knutson attorneys Jack Brooksbank and Jared Shepherd secured a win for the City of Elko New Market, defending the City’s water appropriation permit and setting important precedent that will help cities defend against similar actions in the future. The Minnesota DNR granted the City of Elko New Market an amended groundwater appropriation permit to accommodate the City’s growth, including potential new industrial uses. A group of individuals challenged the DNR’s grant of the permit via a Writ of Certiorari to the Minnesota Court of Appeals. On September 10, 2024, the Court granted the City’s motion to dismiss, granting the City a speedy win. In doing so, the Court held that water appropriation permit challenges are solely governed by the Minnesota Administrative Procedure Act, a previously unresolved question of law.
