The Diversion Board of Authority today, during executive session to discuss legal matters, directed its litigaton counsel to move forward on efforts to resolve ongoing litigation with the Minnesota Department of Natural Resources (MDNR) and the Richland/Wilkin JPA.
An injunction was issued by District Court Judge John Tunheim in 2017 and halted construction on the Project. One of the main reasons for the injunction order was the lack of a permit from the state of Minnesota at that time.
“The Project has been permitted by the Minnesota DNR and now we need to focus on getting this built and mitigating the impacts,” Board Chair Mary Scherling said. “The longer we wait, the more costs increase and the longer people remain in limbo. We have directed our attorneys to work on the appropriate next steps towards resolving the litigation and lifting the injunction. We are appreciative of the permit decision by the DNR, and we look forward to working with them on the legal matters.”
“The longer it takes us to complete this Project, the longer our communities are at risk,” Scherling said. “We will be moving forward as allowed by the Court.”
For more information about the FM Area Diversion Project visit www.fmdiversion.com.
- Diversion Authority Commits to Work Towards Resolving Lawsuit; Move Forward with Project — January 3, 2019
- Burgum, Dayton agree to form collaborative working group to try to find path forward for F-M Area Diversion Project — October 4, 2017
- Diversion Authority Requests Court Approval to Continue Flood Protection Efforts in Fargo and Oxbow, No Objection from Minnesota DNR — April 20, 2018
- Federal Judge hears arguments on motions — July 18, 2017