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  5. 681 P.2d 727 (1983)
 

DUKE CITY LUMBER v. N.M. ENVIRON. IMP. DIV.

Nos. 5954, 6066.

681 P.2d 727 (1983)

101 N.M. 301

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

Court of Appeals of New Mexico.

Rehearing Denied July 25, 1983.

Attorney(s) appearing for the Case

John R. Cooney, Larry P. Ausherman, Walter E. Stern, III, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for appellant, Duke City Lumber Company.

Paul Bardacke, Atty. Gen., Herbert M. Silverberg, Asst. Atty. Gen., for Environmental Improvement Board.

Bruce S. Garber, Weldon L. Merritt, Jane C. Cohen, Asst. Attys. Gen., Santa Fe, for Environmental Improvement Division.

OPINION

BIVINS, Judge.

Ironically, what started out as an application for a one-year variance continues to wind its way through the legal and administrative process and four years later comes before this Court for the second time. Following review of the denial of a variance by the New Mexico Environmental Improvement Board (Board) on the first appeal, we remanded "with instructions to the Board to conduct further proceedings to determine whether the wood...

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