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FM Diversion and Dam Increases national debt

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DECISION: US Court of Appeals, 8th Circuit - Fargo Dam and FM Diversion

DECISION: US Court of Appeals, 8th Circuit – Fargo Dam and FM Diversion

By virtue of OHB ring levee’s connection with the larger diversion project, its construction does not take place “wholly outside” Minnesota’s borders. Minnesota has an interest in regulating the larger diversion project and its parts.

Buffalo Red River Watershed District Rejects Proposed JPA Changes

Buffalo Red River Watershed District Rejects Proposed JPA Changes

Buffalo Red River Watershed District (BRRWD) rejects 6 to 1 the newly proposed 2016 JPA.

Blind Leading the Blind

Blind Leading the Blind

It would be interesting to find out if the law firms representing their clients on the Minnesota side are willing to guarantee their legal advice (cover clients losses), should that lead to a decision to move forward with the new JPA agreement that proves to be against Minnesota law and the interests of landowners.

BREAKING: Judge Tunheim Decision 3-31-2016

BREAKING: Judge Tunheim Decision 3-31-2016

The Court’s order today is not the end of this case. The JPA’s Minnesota law claims are still pending against the Diversion Authority – those claims were not at issue in the motions decided in this order of the OHB ring levee remains in place. Those matters will await resolution on another day.

Defending Richland and Wilkin counties February 11th, 2016

Defending Richland and Wilkin counties February 11th, 2016

USACE discretionary funds for Fargo Dam and FM Diversion project is nothing more than lipstick on a pig. They are telling Fargo that if they go ahead with construction, they’re on their own.

Case Civil No. 13-2262 (D287) | US District Court, District of  Minnesota

Case Civil No. 13-2262 (D287) | US District Court, District of Minnesota

The following clarification was received late today from US District Court, District of Minnesota. Summmary: Home and golf course construction may continue, however, the all physical construction activities related to the OHB ring levee, if ongoing, must cease immediately. [Jump to Judges Decision and Order Decision] CASE 0:13-cv-02262-JRT-LIB Document 287 Filed 07/28/15 UNITED STATES DISTRICT […]

Case Civil No. 13-2262 (D238) | US District Court, District of Minnesota

JUDGE DENIES FARGO DIVERSION AUTHORITY MOTION: The Authority’s motion to stay the Court’s preliminary injunction order [Docket No. 197] is DENIED. Also waiving $2.5 million bond sought by the Fargo Diversion Authority.

Case Civil No. 13-2262 | US District Court, District of Minnesota

United States District Judge GRANTS JPA motion for a preliminary injunction against the Authority. All physical construction activities related to the OHB ring levee, if ongoing, must cease immediately.

Fargo Diversion Authority Violates Charter Joint Powers Agreement

Fargo Diversion Authority Violates Charter Joint Powers Agreement

When public entities join forces to work towards a common goal Joint Power Agreements (JPA) are the framework of rules presented to constituents to provide a sense of security that all members of the JPA will operate in an open, ethical and diligent manner. These written JPA “assurances” are a fundamental part of the “trust” […]

Breaking News: Federal Court to Hear Joint Powers Case

Breaking News: Federal Court to Hear Joint Powers Case

Breaking News: Federal Judge rules on Richland Wilkin JPA claim. Decision allows Minnesota DNR to proceed as Amicus Curiae noting that the federal court will observe Minnesota law and permitting authority.

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