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MATTER OF WOODLAKE SANITARY LANDFILL

No. C2-89-1551.

448 N.W.2d 877 (1989)

In the Matter of the Minor Modification to the Solid Waste Permit SW-61 for the TYPE I MUNICIPAL SOLID WASTE INCINERATOR ASH STORAGE FACILITY at the WOODLAKE SANITARY LANDFILL, Medina, Minnesota.

Court of Appeals of Minnesota.

December 5, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Kathleen Winters, Sp. Asst. Atty. Gen., St. Paul, for respondent, Pollution Control Agency.

Thomas Gallagher, Minneapolis, for relator, Earth Protector, Inc.

Christopher J. Dietzen, Bloomington, for respondent, Woodlake Sanitation Services.

Considered at Special Term and decided by PARKER, P.J., and CRIPPEN and KLAPHAKE, JJ., without oral argument.

SPECIAL TERM OPINION

PARKER, Judge.

FACTS

Relator Earth Protector seeks review of the denial of its request for a contested case hearing on an application for modification of a permit issued to Woodlake Sanitary Services. The Pollution Control Agency moves to discharge the writ of certiorari, claiming that relator failed to make timely service upon the agency.

DECISION

A petition for certiorari must be "served on the agency" within...

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