STATE v. METROPOLITAN AIRPORTS COM'N

No. C9-93-854.

507 N.W.2d 19 (1993)

STATE of Minnesota, by MINNESOTA PUBLIC LOBBY and by South Metro Airport Action Council, Appellant, v. METROPOLITAN AIRPORTS COMMISSION, Respondent, and Air Transport Association of America, Intervenor, Respondent.

Court of Appeals of Minnesota.

October 19, 1993.


Attorney(s) appearing for the Case

Thomas H. Goodman, Siegel, Brill, Gruepner & Duffy, Minneapolis, for State of Minn., by Minnesota Public Lobby and by South Metro Airport Action Council.

Michael Berens, Kelly & Berens, Minneapolis, Lucinda E. Jesson, Jonathan H. Bloomberg, Oppenheimer, Wolff & Donnelly, Minneapolis, Thomas W. Anderson, Metropolitan Airports Com'n, Minneapolis, for Metropolitan Airports Com'n.

Thomas W. Tinkham, Paul B. Klass, Creighton R. Magid, Dorsey & Whitney, Minneapolis, for Air Transport Ass'n of America.

Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. City Atty., Minneapolis, for amicus curiae City of Minneapolis.

Considered and decided by PARKER, P.J., and KLAPHAKE and AMUNDSON, JJ.


OPINION

PARKER, Judge.

Appellants, proceeding under the Minnesota Environmental Rights Act in the name of the State of Minnesota, sought a declaratory judgment establishing that respondent Metropolitan Airports Commission (MAC) is, as a matter of state law, subject to the authority of the Minnesota Pollution Control Agency and has the obligation to obey the noise pollution rules of the MPCA to the extent possible. The district court granted summary judgment...

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