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

No. 15078.

681 P.2d 717 (1984)

101 N.M. 291

DUKE CITY LUMBER COMPANY, Petitioner, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD and New Mexico Environmental Improvement Division, Respondents.

Supreme Court of New Mexico.

April 4, 1984.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, John R. Cooney, Larry P. Ausherman, Walter E. Stern, III, Albuquerque, for petitioner.

Paul Bardacke, Atty. Gen., Herbert M. Silverberg, Santa Fe, for Board.

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

OPINION

FEDERICI, Justice.

The opinion of this Court heretofore filed on November 23, 1983 is withdrawn and the following opinion is substituted therefor.

Duke City Lumber Company, petitioner, applied to the New Mexico Environmental Improvement Board (Board) for a one year variance from Air Quality Control Regulation 402(A). The application was denied, and the denial was reviewed by the Court of Appeals. The court remanded "with instructions to the...

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