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  5. 759 P.2d 891 (1988)
 

MATTER OF PERMIT NO. 47-7680

No. 16844.

759 P.2d 891 (1988)

114 Idaho 600

In the MATTER OF Application For PERMIT NO. 47-7680 In the Name of Royal Crest, Inc., Collins Bros. Corp., Assignee. COLLINS BROS. CORP., an Idaho corporation, Appellant-Respondent on appeal, v. A. Kenneth DUNN, Director, Idaho Department of Water Resources, Respondent-Appellant on appeal.

Supreme Court of Idaho.

July 21, 1988.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Phillip J. Rassier (argued), Deputy Atty. Gen., Boise, for appellant-respondent on appeal.

Weaver & Melanson, Robert C. Weaver (argued), Buhl, for respondent-appellant on appeal.

BAKES, Justice.

The appellant, A. Kenneth Dunn, Director of the Idaho Department of Water Resources (the department), appeals a district court order regarding the department's granting of a water permit with nine conditions to the respondent, Collins Brothers Corp. The district court (acting as an appellate court) found that the department's action was defective on procedural due process grounds. Without remanding the case to the department for correction of the procedural...

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