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WEDNESDAY, FEBRUARY 7, 2018 VOL. 122 NO. 17 www.presspubs.com $1.00

MAHTOMEDI CLUB: Neighborly for 70 years PAGE 2A

Lake guardians reside on both sides of courtroom table BY DEBRA NEUTKENS EDITOR

ST. PAUL — Attorneys in the lake level lawsuit once again convened before District Court Judge Margaret Marrinan, now retired. The judge was summoned out of retirement to preside over the post-trial hearing in the case between the White Bear Lake Restoration Association (WBLRA) vs. the Minnesota Department of Natural Resources (DNR). In her verdict, issued Aug. 30 the day before she retired, Marrinan sided with the plaintiff, the WBLRA, ruling that the DNR violated state statute by mismanaging groundwater appropriation permits near the lake, causing water levels to drop. The defendant, the DNR and its intervenors, the city of White Bear Lake and White Bear Township, filed motions asking the judge to amend her order and grant a new trial. That hearing was Jan. 26. Assistant Attorney General Oliver Larson is representing the DNR. His focus at the hearing was a motion to stay the order until the case is heard by the Court of Appeals. “There are issues of significant public concern,” Larson told the judge. He cited unsettled case law regarding the Public Trust Doctrine, a key part of the lawsuit, as a reason to stay the order. “The obligation to maintain elevation of the lake (the court order directs the DNR to implement a protective elevation of 923.5 feet) under the Public Trust Doctrine, no Minnesota case has ever done that,” he noted. The Public Trust Doctrine is a common law rule that the state holds public waters in trust for the benefit of all citizens. The DNR contends that the doctrine should be interpreted as managing an asset for the public's benefit. “If the public interest is served by allowing cities and the public to use the water, even if it impacts the lake, it is not a violation of the doctrine,” Larson said. Lead attorney for the plaintiff, Katie Crosby-Lehmann, a partner with Ciresi-Conlin LLP, reminded Marrinan

PAUL DOLS | PRESS PUBLICATIONS

Frozen field goal attempts Above: Erik Ongstad copes with the wind and snow flurries as he aims for the $500 grand prize during the White Bear Lake Lions Club field goal kicking contest on the frozen surface of White Bear Lake Saturday, Feb. 3. Contestants could try to make a 27 yard conventional field goal or shoot for a hoop approximating where former Viking Blair Walsh’s missed field goal attempt in a 2016 wildcard playoff game ended up. At right: White Bear Lake Lions Club President and event referee John Tomlinson demonstrates the place kicking device used to hold the football. One person came close, but no one scored the grand prize. Eight participants made the field goal that Walsh missed.

Renowned architect’s 1880s work still stands around town BY DEBRA NEUTKENS EDITOR

Although she doesn’t claim to be an expert on acclaimed architect Cass Gilbert, Area Historical Society Executive Director Sara Hanson is well versed on his local projects. The White Bear area was a beneficiary of Gilbert’s genius early on after the aspiring architect moved to St. Paul with his mother as a young boy. Minnesota was barely a state at the time and the family “had to fi nd their way,” Hanson said, after

the loss of Gilbert’s father, a Union general in the Civil War. For example, there is the township’s Town Hall. Hanson has been researching Gilbert’s personal papers and journals — admittedly to the point of obsession — looking for a missing link that confi rms his connection to the building. She fi rst learned that Gilbert was the architect commissioned to design the structure in 2006 when an architectural historian visited the society’s White Bear office and saw a photo, WIKIPEDIA

Cass Gilbert, 1859-1934

SEE CASS GILBERT, PAGE 9A

SEE COURTROOM, PAGE 8A

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