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IN RE WINONA CTY. MUN. SOLID WASTE

No. C3-89-70.

439 N.W.2d 56 (1989)

In re Request for Adoption of Findings of Fact and Conclusions Setting Forth the Reasons for the December 20, 1988, Denial of the City of Winona's Requests for a Supplemental EIS and Contested Case Hearing and Authorization to Issue Combined Air and Solid Waste Permit for Construction and Operation of the WINONA COUNTY MUNICIPAL SOLID WASTE INCINERATOR.

Court of Appeals of Minnesota.

May 2, 1989.

Attorney(s) appearing for the Case

Mark Kaster, Dorsey & Whitney, Minneapolis, for movant, Winona County.

Raymond Haik, Popham, Haik, Schnobrich & Kaufman, Minneapolis, for relator, City of Winona.

Hubert H. Humphrey, III, Atty. Gen. and Jocelyn F. Olson, Spec. Asst. Atty. Gen., St. Paul, for respondent, Pollution Control Agency.

Considered at Special Term and decided by WOZNIAK, C.J., and PARKER and RANDALL, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

The City of Winona appealed, by writ of certiorari, from the denial of a contested case hearing and the issuance of a permit to Winona County for operation of a solid waste incinerator. Briefing is complete and oral arguments were recently held. The county now seeks an order compelling the city to post a surety bond.

If an action is brought in any court to challenge the validity of a condition precedent...

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