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MARTINEZ v. MAGGIORE

No. 21,067.

64 P.3d 499 (2002)

133 N.M. 472

2003-NMCA-043

In the Matter of the Application of the Northeastern New Mexico Regional Landfill for a Modification for the Northeastern New Mexico Regional Landfill, Sofia MARTINEZ, Felipe Garcia, and Betty Medina, Appellants, v. Peter MAGGIORE, Secretary of the New Mexico Environment Department, Appellee.

Court of Appeals of New Mexico.

November 7, 2002.

Attorney(s) appearing for the Case

Michael H. Feldewert, Robert J. Sutphin Jr., Holland & Hart, L.L.P and Campbell & Carr Santa Fe, NM, for Appellants.

Patricia A. Madrid, Attorney General, Clay Clarke, Special Assistant Attorney General, NM Environment Department, Santa Fe, NM, for Appellee.

OPINION

ALARID, Judge.

INTRODUCTION

{1} Appellants appeal from a Final Order of the Secretary of the New Mexico Environment Department granting the Northeastern New Mexico Regional Landfill's application for modifications to its solid waste facility permit. This appeal requires us to address the consequences of defects in public notice required by the Solid Waste Act. We hold that (1) the notice published by the applicant did not substantially...

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