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CONCERNED CITIZENS v. DEPT. OF ENV. CONT.

No. S-91-553.

505 N.W.2d 654 (1993)

244 Neb. 152

CONCERNED CITIZENS OF KIMBALL COUNTY, INC., Appellant, v. DEPARTMENT OF ENVIRONMENTAL CONTROL of the STATE of Nebraska and Waste-Tech Services, Inc., Appellees.

Supreme Court of Nebraska.

September 3, 1993.

Attorney(s) appearing for the Case

Mark A. Ludwig, of Germer, Murray & Johnson, Hebron, for appellant.

Don Stenberg, Attorney General, and Linda L. Willard, Lincoln, for appellee dept.

Mark A. Christensen, Cline, Williams, Wright, Johnson & Oldfather, Lincoln, Marcus L. Squarrell and Robert F. Copple, Parcel, Mauro, Hultin & Spaanstra, P.C., and Ruth Brammer Johnson, Denver, CO, for appellee Waste-Tech.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ., and GRANT, J., Retired.

PER CURIAM.

Concerned Citizens of Kimball County, Inc., filed an action under the Uniform Declaratory Judgments Act, Neb.Rev.Stat. §§ 25-21,149 to 25-21,164 (Reissue 1989), challenging the Nebraska Department of Environmental Control's issuance of a permit to build a hazardous waste incinerator.

On October 27, 1987, Waste-Tech Services, Inc. (Waste-Tech), filed a permit application with the Nebraska Department of Environmental Control (Department...

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