Upon recommendation of legal and environmental staff, the county will not support the efforts of the Lake Chapeau Habitat Committee in its legal dispute with the Minnesota Department of Natural Resources (DNR) concerning an unpermitted dam on the outlet of Lake Chapeau.

Wednesday, April 04, 2001

Upon recommendation of legal and environmental staff, the county will not support the efforts of the Lake Chapeau Habitat Committee in its legal dispute with the Minnesota Department of Natural Resources (DNR) concerning an unpermitted dam on the outlet of Lake Chapeau.

&uot;While I certainly respect the request that was made to us by Mr. Tubbs, that the county board take some sort of action showing support in the pending litigation, I would advise you that you should not,&uot; said County Attorney Craig Nelson.

Commissioners could show their individual support for either party, but it would be inappropriate for the board, representing Freeborn County, to do so, Nelson said.

&uot;We would as a political body, be trying to impose our will on the court system,&uot; Nelson said.

Tuchtenhagen also said Environmental Services would support an application for a dam at the outlet of lake Chapeau, or permits to aerate the lake, but only after the committee resolved its legal issues with the DNR.

&uot;Obviously they have to resolve the legal issues first,&uot; he said.

A group of landowners on Lake Chapeau is suing the DNR over the agency’s threatened removal of a dam at the lake outlet, which the group built to improve the lake’s recreational and aesthetic value. dispute