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IN RE MINN. ORCHESTRAL ASS'N FOR VARIANCE

No. C9-99-1855.

607 N.W.2d 478 (2000)

In the Matter of the APPLICATION FROM the MINNESOTA ORCHESTRAL ASSOCIATION FOR A VARIANCE FROM MINN. R. 7030.0040 FOR the OPERATION OF the PROPOSED BROOKLYN PARK PERFORMING ARTS CENTER Located at Lot 1, Block 1, and Outlots B, C, and D, Preliminary Plat of the Brooklyn Park Performing Arts Center, Township 119 North, Range 21 West, Hennepin County, Minnesota.

Court of Appeals of Minnesota.

March 21, 2000.

Attorney(s) appearing for the Case

Thomas H. Goodman, Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, for relator.

Walter H. Rockenstein, II, Delmar R. Ehrich, Elizabeth Hendricks Schmiesing, Faegre & Benson, Minneapolis, for respondent Minnesota Orchestral Association.

Mike Hatch, Attorney General, Riddhi Jani, Assistant Attorney General, St. Paul, for respondent Minnesota Pollution Control Agency.

Considered and decided by TOUSSAINT, Chief Judge, HARTEN, Judge, and HUSPENI, Judge.

OPINION

TOUSSAINT, Chief Judge.

The Minnesota Pollution Control Agency granted respondent Minnesota Orchestral Association a noise variance for its proposed amphitheater. Relator, Preserve Our Environment, an environmental group, challenges the noise variance, arguing it is unsupported by the evidence and is arbitrary and capricious. Because record evidence supports the agency's decision, which is not arbitrary or capricious, we affirm.

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