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MATTER OF SDDS, INC.

No. 17180.

472 N.W.2d 502 (1991)

In the Matter of the Application of SDDS, INCORPORATED, for a Solid Waste Permit.

Supreme Court of South Dakota.

Decided June 26, 1991.

Attorney(s) appearing for the Case

Patrick Duffy of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellant Technical Information Project; Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons Rapid City, on brief.

Marvin D. Truhe of Marvin D. Truhe Law Offices, Rapid City, for appellee South Dakota Disposal Systems, Inc.; Dale R. Cockrell and Marvin D. Truhe of Marvin D. Truhe Law Offices, Rapid City, on brief.

Brian L. Radke, Asst. Atty. Gen., Pierre, for amicus curiae S.D. Dept. of Water and Natural Resources; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

AMUNDSON, Justice.

Technical Information Project (TIP) appeals from a judgment of the circuit court affirming the decision of the Board of Minerals and Environment (Board) to grant a permit to South Dakota Disposal Systems, Inc. (SDDS) for the construction and operation of a municipal solid waste balefill disposal facility. We affirm in part, reverse in part, and remand.

FACTS

This controversy involves the validity of Board's original decision to...

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