Bituminous Materials, Inc. v. Rice County, Minnesota
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LOKEN, Circuit Judge.
Bituminous Materials, Incorporated (“BMI”), is a road paving contractor serving Rice County, Minnesota, and surrounding areas. BMI must obtain a temporary equipment placement and operation use permit (“TEPOP”) from the Rice County Board of Commissioners before locating a temporary asphalt plant at a gravel pit in Rice County. In September 1994 and March 1995, the Rice County Board placed restrictions on a TEP-OP issued to BMI to operate a temporary asphalt plant at Camp’s Pit near Northfield, Minnesota. BMI responded by filing this lawsuit, claiming that Rice County’s…
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