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STATE, BY SPANNAUS v. LLOYD A. FRY ROOF. CO.

No. 46116.

246 N.W.2d 696 (1976)

STATE of Minnesota, By Its Attorney General, Warren SPANNAUS, Appellant, v. LLOYD A. FRY ROOFING COMPANY, Respondent.

Supreme Court of Minnesota.

October 22, 1976.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Sol. Gen., Alan R. Mitchell, Sp. Asst. Atty. Gen., Roseville, for appellant.

Shanedling, Phillips, Gross & Aaron and Bert M. Gross, Minneapolis, for respondent.

Heard before SHERAN, C. J., and KELLY, TODD, and BREUNIG, JJ., and considered and decided by the court en banc.

TODD, Justice.

The Minnesota Pollution Control Agency (PCA), as part of extended administrative and court proceedings concerning defendant, Lloyd A. Fry Roofing Company (Fry), issued an order directing Fry to conduct stack emission tests on emissions generated at its plant in Minneapolis. Fry did not seek direct judicial review of the validity of the order but refused to conduct the specified tests. The state then brought an action in which, among other things, it...

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