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LAKE OZARK/OSAGE v. MO. DEPT. OF NAT. RES.

No. WD 71299.

326 S.W.3d 38 (2010)

LAKE OZARK/OSAGE BEACH JOINT SEWER BOARD, et al., Respondents, v. MISSOURI DEPARTMENT OF NATURAL RESOURCES, Land Reclamation Commission and Magruder Limestone Co., Inc., Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 2, 2010.

Application for Transfer Denied December 21, 2010.

Attorney(s) appearing for the Case

Timothy P. Duggan , Jefferson City, Counsel for Appellants, Land Reclamation & Dept. of Natural Resources.

Michael A. Dallmeyer , Jefferson City, Counsel for Appellant, MaGruder Limestone.

Steven E. Mauer , Kansas City, MO, Counsel for Respondent, Lake Ozark.

John T. Polhemus , Kansas City, MO, Co-Counsel for Respondent, Lake Ozark.

Brian E. McGovern , Chesterfield, MO, Counsel for all remaining Respondents.

Before LISA WHITE HARDWICK, C.J., JAMES EDWARD WELSH, J., and JAMES W. VAN AMBURG, Sp. J.

JAMES EDWARD WELSH, Judge.

The Missouri Land Reclamation Commission, under the Missouri Department of Natural Resources (referred to collectively as "the Commission"), approved Magruder Limestone Company's application for a permit to expand its quarry operations. The Joint Sewer Board for the cities of Lake Ozark and Osage Beach and thirty-two citizens opposed the expansion permit and sought judicial review of the Commission's decision in the circuit court. The circuit...

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