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POTTAWATTAMIE CTY. v. IOWA DEPT., ETC.

No. 61549.

272 N.W.2d 448 (1978)

POTTAWATTAMIE COUNTY and Pottawattamie County Board of Supervisors, Mills County and Mills County Board of Supervisors, Appellees, v. IOWA DEPARTMENT OF ENVIRONMENTAL QUALITY, AIR QUALITY COMMISSION, Appellant.

Supreme Court of Iowa.

December 20, 1978.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Timothy D. Benton, Asst. Atty. Gen., for appellant.

H. Walter Green, Mills County Atty., and Kenneth E. Tyler, Asst. Pottawattamie County Atty., for appellees.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, AlLBEE and McGIVERIN, JJ.

McGIVERIN, Justice.

Respondents Iowa Department of Environmental Quality (DEQ) and Air Quality Commission (AQC), also collectively referred to as the department, appeal the dismissal by trial court in a judicial review proceeding of a DEQ complaint against petitioners Pottawattamie and Mills Counties and their boards of supervisors (Counties). We reverse the trial court.

Respondents claim petitioners are in violation of the "fugitive dust rule", rule 400-4...

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