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STATE v. APPLE VALLEY REDI-MIX, INC.

No. CX-85-638.

379 N.W.2d 136 (1985)

STATE of Minnesota, Appellant, v. APPLE VALLEY REDI-MIX, INC., Respondent.

Court of Appeals of Minnesota.

December 17, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Keith J. Halleland, Minneapolis, for appellant.

Jeffrey G. Stephenson, St. Paul, for respondent.

Heard, considered and decided by HUSPENI, P.J., and FOLEY and FORSBERG, JJ.

OPINION

HUSPENI, Judge.

Respondent Apple Valley Redi-Mix, Inc. (Redi-Mix) was charged with violating St. Louis Park's air pollution and public nuisance ordinances for allegedly emitting cement dust from its ready mix facility in St. Louis Park. The trial court dismissed the charges against Redi-Mix on the grounds that the ordinances conflict with the Minnesota Pollution Control Act, Minn.Stat. §§ 116.01-.45 (1984). The State appeals the trial court...

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