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CITIZENS FOR ENVIRONMENTAL SAFETY v. MDNR

No. 22497.

12 S.W.3d 720 (1999)

CITIZENS FOR ENVIRONMENTAL SAFETY, INC., Ms. Charimonde Heger, Ms. Marjorie McCune, and Mr. Roy Sprinkle, Petitioners-Appellants, v. MISSOURI DEPARTMENT OF NATURAL RESOURCES, and David A. Schorr, Director, and Southwest Regional Landfill, Inc., Respondents-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied December 23, 1999.

Attorney(s) appearing for the Case

John E. Price, John F. Appelquist, Springfield, for appellants.

Jeremiah W. (Jay) Nixon, Atty. Gen., Timothy P. Duggan, Asst. Atty. Gen., Jefferson City, for respondent Missouri Dept. of Natural Resources, et al.

David A. Taylor, Jefferson City, for Respondent Southwest Regional Landfill.

KENNETH W. SHRUM, Judge.

Appellants petitioned the circuit court for judicial review of a decision by the Missouri Department of Natural Resources ("MDNR") to issue a permit to Southwest Regional Landfill, Inc., ("SRL") to construct a sanitary landfill. Following trial, the circuit court found, inter alia, that "MDNR's decision [to issue the permit] was not unlawful, unreasonable, arbitrary, capricious or an abuse of discretion." Based on this and other findings...

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