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CITY OF BROOKINGS v. DEPT. OF ENVIRON. PROT.

No. 12239.

274 N.W.2d 887 (1979)

The CITY OF BROOKINGS, South Dakota, a Municipal Corporation, Appellant, v. The DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Supreme Court of South Dakota.

February 1, 1979.

Attorney(s) appearing for the Case

Alan F. Glover of Denholm & Glover Law Firm, Brookings, for appellant.

Warren R. Neufeld, Asst. Atty. Gen., Pierre, for respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

PER CURIAM.

The City of Brookings (City) seeks a permit from the Department of Environmental Protection (Department) to operate a landfill. Although a permit was granted in 1974, the Department refused to grant a permit for the same site in 1975. The Board of Environmental Protection (Board) heard evidence at a contested case hearing and also refused to grant the permit. The circuit court upheld the Board's decision on review under SDCL 1-26-36. We hold that there...

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