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LINCOLN COUNTY v. SANDERS CO.

No. 93-008.

862 P.2d 1133 (1993)

LINCOLN COUNTY, Montana, Petitioner and Appellant, v. SANDERS COUNTY, The Hard-Rock Mining Impact Board, the City of Libby, and Noranda Minerals Corporation, Inc., Respondents and Respondents.

Supreme Court of Montana.

Decided November 2, 1993.

Attorney(s) appearing for the Case

Scott B. Spencer, Lincoln County Attorney, Libby, for petitioner and appellant.

Richard M. Weddle, Sp. Asst. Atty. Gen., Dept. of Commerce, Helena, for Montana Hard-Rock Min. Impact Bd.

Robert Slomski, Sanders County Atty., Thompson Falls; Alan L. Joscelyn, Gough, Shanahan, Johnson & Waterman, Helena for Noranda Minerals Corp.

Mark J. Fennessy, Libby City Atty., Libby, for City of Libby.

WEBER, Justice.

This is an appeal from a decision of the Nineteenth Judicial District Court, Lincoln County, affirming a decision of the Hard-Rock Mining Board. We affirm.

We restate the issues as follows:

1. Did the District Court err in ruling that Lincoln County could not challenge the standing of Sanders County's objection to the Mining Board's decision?

2. Did the District Court err in determining that the Mining Board did not exceed ...

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