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STATE EX REL. MILLER v. DECOSTER

No. 97-666.

596 N.W.2d 898 (1999)

STATE of Iowa ex rel. Thomas J. MILLER, Attorney General of Iowa, and Iowa Department of Natural Resources, Appellees, v. Austin J. DeCOSTER d/b/a DeCoster Farms of Iowa, Appellant.

Supreme Court of Iowa.

July 8, 1999.

Attorney(s) appearing for the Case

William Sidney Smith, Michael P. Mallaney and Jan M. Mohrfeld of Smith, Schneider, Stiles, Hudson, Serangeli, Mallaney & Shindler, P.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, and David R. Sheridan and Timothy D. Benton, Assistant Attorneys General, for appellees.

Considered by HARRIS, P.J., and CARTER, NEUMAN, TERNUS, and CADY, JJ.

HARRIS, Justice.

Austin J. DeCoster d/b/a DeCoster Farms of Iowa appeals a district court ruling finding him in violation of several water pollution and animal waste control requirements at hog confinement facilities. He also contests the imposition of $59,000 in civil fines. He claims the district court did not have substantial evidence to support its rulings, it interpreted the law incorrectly, abused its discretion in imposing the fines, and violated his equal...

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