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SAXONY LUTHERAN v. MO LAND RECLAMATION

No. WD 74994.

392 S.W.3d 52 (2013)

SAXONY LUTHERAN HIGH SCHOOL, INC., and Save Our Children's Health, Inc., Respondents, v. MISSOURI LAND RECLAMATION COMMISSION and Heartland Materials, LLC, Appellants.

Missouri Court of Appeals, Western District.

Rehearing Denied March 5, 2013.

Attorney(s) appearing for the Case

Stephen G. Jeffery and Bruce A. Morrison , Clayton, MO, for Respondents.

Chris Koster , Attorney General, Jennifer S. Frazier , Deputy Chief Counsel, Agriculture & Environment Division, Jefferson City, MO, for Appellant Missouri Land Reclamation Commission.

Lowell D. Pearson , Harvey M. Tettlebaum , and R. Ryan Harding , Jefferson City, MO, for Appellant Heartland Materials, LLC.

Before Division IV: JAMES EDWARD WELSH, Chief Judge, MARK D. PFEIFFER, Judge, and ABE SHAFER, Special Judge.

MARK D. PFEIFFER, Judge.

This is a case examining the issue of standing before an administrative agency; more particularly, standing before the Missouri Land Reclamation Commission ("the Commission"). Heartland Materials, LLC ("Heartland") and the Commission appeal a judgment of the Circuit Court of Cole County ("trial court") reversing an order of the Commission, which had previously concluded that Respondents Saxony Lutheran High School, Inc. ("Saxony") and Save...

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