STATE OF MINNESOTA

IN COURT OF APPEALS

A04-1323

Minnesota Center for

Environmental Advocacy,

Relator,

vs.

Commissioner of

Minnesota Pollution Control Agency,

Respondent,

City of St. Cloud,

Respondent.

Filed May 24, 2005

Affirmed
Crippen, Judge*

Minnesota Pollution Control Agency

File No. 7-2200-14439-2

Janette K. Brimmer, Minnesota Center for Environmental Advocacy, 26 East Exchange Street, Suite 206, St. Paul, MN 55101-1667 (for relator)

Mike Hatch, Attorney General, Robert B. Roche, Assistant Attorney General, 900 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101 (for respondent Commissioner of Minnesota Pollution Control Agency)

Christopher M. Hood, Steven W. Nyhus, Flaherty & Hood, P.A., 525 Park Street, Suite 470, St. Paul, MN 55103 (for respondent City of St. Cloud)

Considered and decided by Willis, Presiding Judge, Stoneburner, Judge, and Crippen, Judge.

S Y L L A B U S