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WINONA v. MINN. POLLUTION CONTROL AGENCY

No. C3-89-70.

449 N.W.2d 441 (1990)

CITY OF WINONA, Respondent, v. MINNESOTA POLLUTION CONTROL AGENCY, petitioner, Appellant.

Supreme Court of Minnesota.

January 5, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen. and Ann W. Seha, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Thomas J. Radio, Mark F. Ten Eyck, Popham, Haik, Schnobrich & Kaufman, Minneapolis, and Richard F. Blahnik, Robertson, Blahnik & Jennings, Winona, for respondent.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

In December 1988 the Minnesota Pollution Control Agency authorized the issuance of an air emission permit to the County of Winona for the building of a solid waste incinerator at a site within the City of Winona.

The City appealed the Agency's decision to the Minnesota Court of Appeals. In June 1989, the court of appeals reversed, vacating issuance of the permit, and remanded for preparation of...

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