MATTER OF SOLID WASTE DISPOSAL PERMIT, ETC.

No. 12307.

268 N.W.2d 599 (1978)

In the Matter of SOLID WASTE DISPOSAL PERMIT APPLICATION By the CITY OF SIOUX FALLS for a Site Located at NW ¼, S 18, T 100 N, R 51 W, Lincoln County, South Dakota.

Supreme Court of South Dakota.

Decided July 27, 1978.


Attorney(s) appearing for the Case

Richard E. Bogue, State's Atty. for Lincoln County, Canton, for appellant, Lincoln County, South Dakota.

Sam W. Masten, Jeff Masten, Canton, for appellants, Delapre Township and George Vandel Jr., Royce Halling, Connie Reichelt, Joann Breed, Tom Chada, George Knock, Individually and in representation of a Citizen's Protest Group.

Warren R. Neufeld, Asst. Atty. Gen., Pierre, for respondent, Dept. of Environmental Protection; William J. Janklow, Atty. Gen., Pierre, on brief.

Roger A. Schiager of Schiager, Schiager & Sechser, Sioux Falls, for respondent, City of Sioux Falls.


YOUNG, Circuit Judge.

This case is on appeal from the circuit court's affirmance of the South Dakota Board of Environmental Protection's decision granting the City of Sioux Falls a permit to operate a solid waste disposal facility at a location some nine miles southwest of Sioux Falls in Delapre Township, Lincoln County, South Dakota. At the hearing held before the South Dakota Board of Environmental Protection (Board), Lincoln County, Delapre Township and a Citizens...

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