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REID v. IOWA STATE COMMERCE COM'N

No. 83-1504.

357 N.W.2d 588 (1984)

Garry REID, John Deanson, Agnes Digney, Lysle Eichelberg, Frances Furlong, John Furlong, Thomas Furlong, Jack Lemakau, Richard Noll and James O'Toole, Appellants, v. IOWA STATE COMMERCE COMMISSION, Iowa Department of Environmental Quality, Iowa Natural Resources Council, City of Muscatine, Iowa, Muscatine Power and Water, Appellees.

Supreme Court of Iowa.

November 14, 1984.

Attorney(s) appearing for the Case

William L. Meardon and Angela M. Ryan of Meardon, Sueppel, Downer & Hayes, Iowa City, for appellants.

Duane J. Goedken, Muscatine, for appellees City of Muscatine and Muscatine Power and Water.

Philip E. Stoffregen, Gen. Counsel, Patrick J. Nugent, Deputy Counsel, and David J. Lynch, Asst. Gen. Counsel, Des Moines, for appellee Iowa State Commerce Com'n.

Considered by REYNOLDSON, C.J., and McCORMICK, LARSON, SCHULTZ, and CARTER, JJ.

McCORMICK, Justice.

The question here is whether an electric utility's landfill is subject to county zoning regulations when it is not located on the same site as the generating plant. Petitioners own land near a farm which respondent Muscatine Power and Water sought Iowa State Commerce Commission approval to use as a landfill for solid waste disposal. The utility's coal-fired generating plant was located several miles away. The commission and district court, upon...

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