MATTER OF SOLID WASTE INCINERATOR

Nos. C7-91-2551, C8-92-9.

483 N.W.2d 105 (1992)

In the Matter of the Application for Combined Air and Solid Waste Permit No. 2211-91-OT-1 for the DAKOTA COUNTY MIXED MUNICIPAL SOLID WASTE INCINERATOR.

Court of Appeals of Minnesota.

April 7, 1992.


Attorney(s) appearing for the Case

James C. Backstrom, Dakota County Atty., Karen A. Schaffer, Asst. County Atty., Hastings, and Charles Dayton, Leonard Street and Deinard, Minneapolis, for relator Dakota County, in No. C7-91-2551.

Richard Ihrig, Sarah D. Halvorson, Lindquist & Vennum, Minneapolis, for relator ABB Resource Recovery Systems Combustion Engineering, Inc., in No. C8-92-9.

Hubert H. Humphrey, III, Atty. Gen., Eldon G. Kaul, Asst. Atty. Gen., Stephen Shakman, Ann M. Seha, Sp. Asst. Attys. Gen., St. Paul, for respondent Minnesota Pollution Control Agency.

Lawrence J. Coleman, St. Paul, for respondent Earth Protector, Inc.

John E. Grzybek, St. Paul, for respondent Clean Water Action.

Barbara J. Blumer, Eagan, for respondent Dakota County Citizens Against Burning.

Jay M. Heffern, Chief Counsel, St. Paul, for amicus Metropolitan Council.

Duncan J. McCampbell, Minneapolis, for amicus Minnesota Resource Recovery Assn.

Considered and decided by WOZNIAK, C.J., and HUSPENI and RANDALL, JJ.


SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Relators ABB Resource Recovery Systems Combustion Engineering, Inc. (ABB) and Dakota County applied to the Minnesota Pollution Control Agency (PCA) for a combined air and solid waste permit for a proposed solid waste incinerator. The PCA held numerous hearings on the permit application, but ultimately denied a contested case hearing and denied the permit...

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