Laserfiche WebLink
� i�i2�i�oo� ��� �; �D ��X �B �8� 11� Kooch Ca�rt �c��n � ����a�� . <br />was directly involved were d�saoaissed in this Court's Order and M��noxandum, dated November <br />24,2004. <br />On July 24,2003, Plaintiffs initiated an action against Koochiching County ��d the <br />MPCA a1l�g'tn�; violations �{' ��x��esota Environmental Policy Act, Mtnn, Sta� C.'h. 1 i bD, <br />(M��'A) and MERA_ On February 20,2004, �lainti�rfs, amended their coxt-�pX�.iizit to include an <br />additional claim that the County violated t��e �roccc�urat requirements of Minnesota Statute <br />Chapter 1�6A, Plaintiffsalso brought a second action in I�istzic� Court (File Number C2-�4- <br />�49), � appeal pursuant to .�v�i�u�r, �S�tat, � 116A19 from a May 18,2004, final order of the <br />Koachichin� County Board of Carnr�c�,i,ss%oncrs approvingthe �rc�posed �ackfish Bay Sewer <br />Collection System Project. �� parties brought Motions for 5ummazy �ud�mcnt on th,� various <br />claims and defenses. On November 24,2004, this Cnu�t issued an order dzsn�issit�g all ofthe <br />Plaintiffs' claims except for the IvIF,�A claim, which is the subj ect of this trial. <br />Based upon the Court's ca�eful considerationo�#he tcstiznony, file materials and <br />arguments of counsel, the Court issues hGr� foiiawan� l��indings of Fact, Conclusions of Law a�lc� <br />Order for Judgment. <br />FINDINGS OF PACT <br />_ ced <br />1. The RairYy On-site Sewage Solutions �ort (referred to �� the ROS S Report) is the <br />result of a study published in December 1996 which initially determined that tY�e�� <br />were failing septic systems on the sl�oxcS surrounding Rainy Lake and m;� area <br />which is f]1e subjectof�l�cse proceedings. This ROSS repoxt concluded, that �1vh� <br />feasible, centralized sewer was the preferred solutionto individual sewage treatment <br />� <br />