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BFI WASTE SYSTEMS OF NORTH AM. v. BISHOP

A18-0963.

927 N.W.2d 314 (2019)

BFI WASTE SYSTEMS OF NORTH AMERICA, LLC, d/b/a Pine Bend Landfill, petitioner, Respondent, v. Laura BISHOP, in her capacity as the Commissioner of the Minnesota Pollution Control Agency, et al., Appellants.

Court of Appeals of Minnesota.

Filed April 8, 2019.

Attorney(s) appearing for the Case

Gregory A. Bromen , Daniel Q. Poretti , Brandie L. Morgenroth , Nilan Johnson Lewis, P.A., Minneapolis, Minnesota (for respondent)

Keith Ellison , Attorney General, Philip S. Pulitzer , Max H. Kieley , Colin P. O'Donovan , Assistant Attorneys General, St. Paul, Minnesota (for appellants)

Considered and decided by Connolly, Presiding Judge; Bjorkman, Judge; and Florey, Judge.

OPINION

Appellant, commissioner of the MPCA,1 challenges the district court's summary-judgment dismissal of an APO issued by the MPCA to respondent, a landfill owner. The MPCA asserts that the district court erred by granting summary judgment to respondent on the grounds that the APO was in excess...

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