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DUKE CITY LUMBER CO. v. N.M. ENV. IMP. BD.

No. 4372.

622 P.2d 709 (1980)

95 N.M. 401

DUKE CITY LUMBER COMPANY, Appellant, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Appellee.

Court of Appeals of New Mexico.

Rehearing Denied November 17, 1980.

Certiorari Denied January 19, 1981.

Attorney(s) appearing for the Case

John R. Cooney and Susan R. Stockstill, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for appellant.

Jeff Bingaman, Atty. Gen., Bruce S. Garber, Weldon L. Merritt, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

HERNANDEZ, Judge.

This is an appeal from the action of the Environmental Improvement Board (Board) denying a variance from an air quality control regulation.

The appellant has operated a sawmill at Espanola, New Mexico, since the early 1960's. At the time the plant has constructed a wigwam incinerator was installed to burn all of the wood waste generated by the operation, approximately 247,000 cubic...

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