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Judge issues temporary injunction in FM Diversion dispute

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MINNEAPOLIS (KFGO-AM) -- Opponents of the FM Diversion are pleased with a ruling from a federal judge in Minneapolis.

He's put a stop to construction on the ring dike project south of Fargo. Judge John Tunheim issued a ruling in favor of opponents of the project who argued that it should be considered as part of the overall FM Diversion proposal and that additional work must be delayed until the Minnesota DNR completes its environmental analysis of the Oxbow, Hickson, Bakke ring dike.

Nathan Berseth is a board member of the Richland-Wilkin County Joint Powers Authority which asked for the preliminary injunction. He's pleased with the decision, although he acknowledges it may only be temporary.  

FM Diversion Authority chairman Darrell Vanyo says the decision may be appealed. Fargo Mayor Tim Mahoney says he hopes there's room for compromise so some work can continue.State Rep. Paul Marquart of Dilworth says he agrees with the court ruling.

The DNR is expected to issue a draft environmental assessment in Aug.

The judge says he realizes that his decision may result in higher construction costs and continued risks of flooding, but he says the DNR assessment should be completed soon and the delay need not be lengthy.


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