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MORTON v. MISSOURI AIR CONSERVATION COM'N

Nos. 20826, 20828.

944 S.W.2d 231 (1997)

David MORTON, Clever Stone Company, Inc., David Donelson and Mary Ann Donelson, Plaintiffs-Appellants, v. MISSOURI AIR CONSERVATION COMMISSION, and Harriet Beard, David Crane, Johnny Ray Conklin, Andy Farmer, William Clark, Mike Foresman, Department of Natural Resources and David Shorr, Defendants-Respondents, Leo Journagan Construction Company, Inc., Intervenor-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied April 3, 1997.

Application to Transfer Denied May 27, 1997.

Attorney(s) appearing for the Case

Mathew W. Placzek, David E. Overby, Springfield, for Donelson & Clever Stone.

Kimberly J. Lowry, Springfield, for Appellant Morton.

John E. Price, Price, Fry & Robbs, Springfield, for Intervenor-Respondent.

BARNEY, Presiding Judge.

On August 1, 1991, the Director of the Division of Environmental Quality, within the Missouri Department of Natural Resources (MDNR), granted a permit to Leo Journagan Construction Company, Inc. (Journagan) to operate a limestone quarry and rock crushing operation on a 40 acre site located in rural Christian County, Missouri. David and Mary Ann Donelson, Clever Stone Company, Inc., (Clever Stone) and David Morton (Appellants) filed their administrative...

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