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IN RE MINNIKKA PROPERTIES, LLC

No. A12-2126.

834 N.W.2d 572 (2013)

In the Matter of MINNIKKA PROPERTIES, LLC.

Court of Appeals of Minnesota.

July 29, 2013.

Attorney(s) appearing for the Case

Gregory E. Korstad , Julie N. Nagorski , Larkin Hoffman Daly & Lindgren Ltd., Minneapolis, MN, for relator Minnikka Properties, LLC.

Lori Swanson , Attorney General, Ann E. Cohen , Assistant Attorney General, St. Paul, MN, for respondent Minnesota Pollution Control Agency.

Considered and decided by WORKE, Presiding Judge; HALBROOKS, Judge; and LARKIN, Judge.

OPINION

HALBROOKS, Judge.

Relator Minnikka Properties, LLC challenges the Minnesota Pollution Control Agency's (the MPCA) final administrative order requiring Minnikka to remove waste-tire shreds from driveways that it constructed on its property. Minnikka argues that the MPCA (1) erred by concluding that its use of waste tires is not beneficial use under Minn. R. 7035.2860 and (2) denied Minnikka due process by providing insufficient notice of the alleged...

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