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AIR POLLUTION CONTROL v. BD. OF ENV. REV.

No. 96-262.

937 P.2d 463 (1997)

MISSOULA CITY-COUNTY AIR POLLUTION CONTROL BOARD, Petitioner and Appellant, v. BOARD OF ENVIRONMENTAL REVIEW, Respondent and Respondent, and Stone Container Corporation, Intervenor and Respondent.

Supreme Court of Montana.

Decided April 17, 1997.

Rehearing Denied May 27, 1997.

Attorney(s) appearing for the Case

Robert L. Deschamps, III, County Attorney, Martha E. McClain, Deputy County Attorney, William A. Rossbach, Missoula, for Appellant.

Joseph P. Mazurek, Attorney General, W.D. Hutchison, Assistant Attorney General, Helena, Jeanne M. Bender and W. Scott Mitchell, Holland and Hart, Billings, Cindy Younkin, Board of Environmental Review, Helena, for Respondents.

TURNAGE, Chief Justice.

The Missoula City-County Air Pollution Control Board (Local Board) appeals a decision of the Fourth Judicial District Court, Missoula County, dismissing its petition for judicial review and declaratory judgment. We reverse and remand for further proceedings consistent with this Opinion.

The issues are:

1. Did the District Court err in ruling that the Local Board does not have standing to challenge the validity of administrative...

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