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CITIZENS FOR RURAL PRESERVATION v. ROBINETT

No. WD 32571.

648 S.W.2d 117 (1982)

CITIZENS FOR RURAL PRESERVATION, INC., a not for profit corporation, Clarence Leon Bunch, and Mary Ann Rohan, Plaintiffs-Appellants, v. James L. ROBINETT, Jr., Chairman, Barry Wilkinson, Hugh Carr, Jess Garnett, Richard Baalmann, John Howell, and Tom Pirtle, Members, Air Conservation Commission, Department of Natural Resources, State of Missouri, Defendants-Respondents, and Six Flags Materials Corporation, Intervenor-Defendant-Respondent.

Missouri Court of Appeals, Western District.

As Modified January 4, 1983.

Attorney(s) appearing for the Case

Lewis C. Green (argued), Green, Hennings & Henry, St. Louis, for plaintiffs-appellants.

Dan Summers, Asst. Atty. Gen. (argued), John Ashcroft, Atty. Gen., Jefferson City, for defendants-respondents.

Albert A. Michenfelder (argued), Steven W. Koslovsky, Ziercher, Hocker, Human, Michenfelder, Nations & Jones, Clayton, for intervenor-defendant-respondent.

Before NUGENT, P.J., and TURNAGE and LOWENSTEIN, JJ.

NUGENT, Presiding Judge.

Plaintiffs appeal from a judgment of the Circuit Court of Cole County upholding an order of the Air Conservation Commission which granted a permit to Six Flags Materials Corporation to construct a quarry and rock-crushing operation in Franklin County. Plaintiffs challenge the order on the grounds that the commission's conclusions relating to ambient air quality in the vicinity of the proposed quarry are not supported by substantial evidence...

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