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IN RE AIR QUALITY CONST. PERMIT

No. 16469.

441 N.W.2d 927 (1989)

In re AIR QUALITY CONSTRUCTION PERMIT APPLICATION OF FISHER SAND AND GRAVEL COMPANY.

Supreme Court of South Dakota.

Decided June 14, 1989.

Rehearing Denied July 18, 1989.

Attorney(s) appearing for the Case

Roxanne Giedd, Asst. Atty. Gen., Pierre, for appellee South Dakota Dept. of Water and Natural Resources; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Harry Christianson of Gunderson, Farrar, Aldrich & De Mersseman, Rapid City, for appellee Fisher Sand and Gravel Co.; Doyle D. Estes of Gunderson, Farrar, Aldrich & De Mersseman, Rapid City, on brief.

Craig Grotenhouse, Rapid City, for appellant Pete Lien & Sons, Inc.

MORGAN, Justice.

This is the last leg of an administrative appeal by Pete Lien & Sons, Inc. (Lien) from a decision of the South Dakota Board of Minerals and Environment (Board), which granted Fisher Sand and Gravel Company's (Fisher) application for an air quality construction permit. The circuit court affirmed Board's decision and Lien appeals. We affirm.

Fisher plans to open a sand and gravel quarry operation in Rapid City. The business would involve...

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