Legal Opinion

Municipal Services Corp. v. State Ex Rel. North Dakota Department of Health & Consolidated Laboratories

North Dakota Supreme Court

Decided March 31, 1992No. Civ. 910208PublishedCited by 30 opinions

1Opinion of the Court

LEVINE, Justice.

The State appeals from a district court judgment vacating the North Dakota Department of Health and Consolidated Laboratories’ [Department] order denying Mu*561nicipal Services Corporation’s [MSC] application to modify its Sawyer facility permit to allow it to dispose of municipal waste combuster ash. We conclude that the Department’s procedure did not afford MSC a fair hearing and we, therefore, affirm the judgment as hereafter modified.

MSC owns a landfill site in Ward County for-disposal of nonhazardous industrial solid waste. MSC petitioned the Department for modification of…

2Cases cited25 opinions

  1. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  2. Tumey v. OhioSupreme Court of the United States · 1927
  3. Withrow v. LarkinSupreme Court of the United States · 1975
  4. In Re Murchison.Supreme Court of the United States · 1955
  5. Gibson v. BerryhillSupreme Court of the United States · 1973

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3Cited by30 opinions

  1. High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Court of Appeals · 1994
  2. Gullickson v. KlineNorth Dakota Supreme Court · 2004
  3. Flink v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1998
  4. Riemers v. O'HALLORANNorth Dakota Supreme Court · 2004
  5. Feist v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1997

25 more not listed; retrieve them via the Exa API.

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