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Case Summary Citation

2012 Minn. App. Unpub. LEXIS 543, 2012 WL 2202984 (Minn. App. June 18, 2012)

Abstract

In this case, the Minnesota court of appeals overturned the district court’s order enjoining construction of a cell phone tower near the Boundary Waters Canoe Area Wilderness. The Court of Appeals reviewed the district courts consideration of the five Schaller factors used to determine whether a proposed action would materially adversely affect the wilderness area under the Minnesota Environmental Rights Act. Ultimately, the Court held that the proposed tower would not materially adversely affect the Boundary Waters Canoe Area Wilderness. This case is unpublished and therefore not precedential, but may prove persuasive. Any citation to this case must follow local rules provided by Minn. St. Sec. 480A.08(3).

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