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PORK MOTEL, CORP. v. KANSAS DEPT. OF HEALTH & ENV'T.

Nos. 55,087, 55,352

234 Kan. 374 (1983)

673 P.2d 1126

PORK MOTEL, CORP., Appellant, v. THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellee.

Supreme Court of Kansas.

Opinion filed December 2, 1983.

Attorney(s) appearing for the Case

Robert S. Jones, of Norton, Wasserman, Jones & Kelly, of Salina, argued the cause, and Norman R. Kelly, of the same firm, was with him on the briefs for the appellant.

Emily E. Cameron and L. Patricia Casey, of Topeka, argued the cause and were on the briefs for the appellee.

David K. Palmer, of Beving, Swanson & Forrest, P.C., of Des Moines, Iowa, was on the amicus curiae brief for the National Pork Producers Council, Kansas Livestock Association, Kansas Pork Producers Association, and the National Agricultural Legal Fund.

The opinion of the court was delivered by

LOCKETT, J.:

Case No. 55,087 is an appeal from an administrative order issued by the secretary of the Kansas Department of Health and Environment. On July 17, 1981, the secretary issued ex parte findings and conclusions regarding alleged violations by Pork Motel, Corp. of certain conditions made a part of a water pollution (sewage discharge) permit previously issued by the Kansas Department of Health and Environment...

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