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IN RE MAX SCHWARTZMAN & SONS, INC.

Nos. C4-03-389, A03-224.

670 N.W.2d 746 (2003)

In the Matter of MAX SCHWARTZMAN & SONS, INC., Schwartzman Company, Inc., Jon Schwartzman, an individual. Max Schwartzman & Sons, et al., Relators, v. Minnesota Pollution Control Agency, Respondent.

Court of Appeals of Minnesota.

October 28, 2003.

Attorney(s) appearing for the Case

Thomas Pursell, Peter Tester, DeAnne Hilgers, Lindquist & Vennum, P.L.L.P., St. Paul, for relators.

Mike Hatch, Attorney General, Ann E. Cohen, Assistant Attorney General, St. Paul, for respondent.

Considered and decided by RANDALL, Presiding Judge, HALBROOKS, Judge, and HUDSON, Judge.

OPINION

HALBROOKS, Judge.

In this consolidated appeal, relators Schwartzman Company, Inc., Max Schwartzman & Sons, Inc., and Jon Schwartzman challenge the Minnesota Pollution Control Agency's (MPCA) January 28, 2003 administrative order and its denial of relators' request for a contested-case hearing. Relators argue that (1) the MPCA's order requiring relators within six months to remove an earthen berm constructed with shredder fluff on their property...

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