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CITY OF MORTON v. POLLUTION CONTROL AG.

No. C2-88-2124.

437 N.W.2d 741 (1989)

CITY OF MORTON, Moorhead Construction Co., Inc., Owen Ayres & Associates, Inc., Petitioners, v. MINNESOTA POLLUTION CONTROL AGENCY, et al., Respondents.

Court of Appeals of Minnesota.

April 4, 1989.

Attorney(s) appearing for the Case

Ronald D. Olson, Carlson, Greiner & Law, Edina, for City of Morton.

Robert J. Huber, Fabyanske, Svoboda, Westra & Davis, St. Paul, for Moorhead Const. Co., Inc.

Thomas L. Adams, William M. Hart, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Owen Ayres & Associates, Inc.

Hubert H. Humphrey, III, Atty. Gen., Beverly Conerton, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Pollution Control Agency.

Heard, considered and decided by SHORT, P.J., and NIERENGARTEN and NORTON, JJ.

OPINION

NIERENGARTEN, Judge.

The Minnesota Pollution Control Agency (MPCA) proposed amendments to agency rules governing the award of federal and state grant funds to municipalities for construction of publicly owned wastewater treatment facilities. The rulemaking proceedings were completed and the revisions were adopted. Petitioners challenge a portion of Minn.R. 7075.0420, subpt. 2 in a pre-enforcement declaratory...

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