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IN RE AMERICAN IRON AND SUPPLY CO.

Nos. C1-99-98, C5-99-1111, C8-99-101 and C3-99-1110.

604 N.W.2d 140 (2000)

In the Matter of AMERICAN IRON AND SUPPLY COMPANY'S PROPOSED METAL SHREDDING FACILITY IN MINNEAPOLIS, MINNESOTA. City of Minneapolis, Relator (C1-99-98), Appellant (C3-99-1110), Minneapolis Park and Recreation Board, Relator (C8-99-101), Appellant (C5-99-1111), v. State of Minnesota, Minnesota Pollution Control Agency, Respondent, American Iron & Supply Co., Respondent.

Court of Appeals of Minnesota.

January 18, 2000.

Attorney(s) appearing for the Case

Jay M. Heffern, Minneapolis City Attorney, Peter W. Ginder, Assistant City Attorney, and Richard G. Mark, Paul C. Thissen, Kerry L. Bundy, Briggs & Morgan, Minneapolis, MN (for appellant City of Minneapolis).

Robert R. Barth, Sarah C. Madison, Best & Flanagan LLP, Minneapolis, MN (for appellant Minneapolis Park & Recreation Board).

Mike Hatch, Attorney General, Ann E. Cohen, Assistant Attorney General, St. Paul, MN (for respondent MPCA).

Frank R. Berman, Julia A. O'Brien, Frank R. Berman, P.A., Minneapolis, MN and Jeffrey A. Olson, Jeffrey A. Olson, PLLC, Minneapolis, MN (for respondent American Iron & Supply Co.).

Considered and decided by LANSING, Presiding Judge, SHUMAKER, Judge, and HALBROOKS, Judge.

OPINION

HALBROOKS, Judge.

This is a consolidated appeal involving the proposed development of a metal shredding facility on the banks of the Mississippi River in Minneapolis. The City of Minneapolis and the Minneapolis Park and Recreation Board contend that the district court erred in affirming the Minnesota Pollution Control Agency's determination that an environmental impact statement was not necessary for the proposed project. The city and the park board...

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