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ALPHA PORTLAND v. MO. DEPT. OF NAT. RESOURCES

Nos. 40521, 40522.

608 S.W.2d 451 (1980)

In the Matter of ALPHA PORTLAND CEMENT CO., Respondent, v. The MISSOURI DEPARTMENT OF NATURAL RESOURCES and its Director et al., Appellants. In the Matter of ALPHA PORTLAND CEMENT CO., Respondent, v. The OPEN SPACE COUNCIL FOR the ST. LOUIS REGION et al., Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied November 14, 1980.

Application to Transfer Denied January 13, 1981.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Gregory G. Hoffmann, Gerald M. Sill, Asst. Attys. Gen., Jefferson City, Shulamith Simon, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for appellants.

Thomas W. Wehrle, County Counselor, George William Lang, II, Associate County Counselor, Albert A. Michenfelder, Jr., Ziercher, Hocker, Tzinberg, Human & Michenfelder, Clayton, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 14, 1980.

STEPHAN, Presiding Judge.

This is an appeal by landowners, the Open Space Council for the St. Louis Region, the Missouri Department of Natural Resources and its Director from a judgment of the Circuit Court of St. Louis County affirming a ruling of the St. Louis County Council granting a conditional use permit to the Alpha Portland Cement Company. The permit would allow Alpha to...

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