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SAXONY LUTHERAN HIGH SCHOOL, INC. v. MISSOURI DEPT. OF NAT. RES.

No. ED 99038.

404 S.W.3d 902 (2013)

SAXONY LUTHERAN HIGH SCHOOL, INC., Respondent, v. MISSOURI DEPARTMENT OF NATURAL RESOURCES and Missouri Land Reclamation Commission, and, Strack Excavating, LLC, Appellants.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 26, 2013.

Application for Transfer Denied August 13, 2013.

Attorney(s) appearing for the Case

Chris Koster , Jennifer S. Frazier , Jefferson City, MO, Brian E. McGovern , Robert A. Miller , St. Louis, MO, for appellants Strack Excavating.

Stephen G. Jeffrey , Bruce A. Morrison , St. Louis, MO, for respondent.

GARY M. GAERTNER, JR., Chief Judge.

Introduction

Appellants Strack Excavating, LLC (Strack) and the Missouri Land Reclamation Commission (Commission) appeal the circuit court's judgment reversing the Commission's issuance of a permit to Strack for construction of a limestone mining operation. Strack and the Commission argue the Commission properly imposed a condition on Strack's application that brought it into compliance with legislation passed while...

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