Legal Opinion

Duke City Lumber Co. v. New Mexico Environmental Improvement Division

New Mexico Court of Appeals

Decided June 28, 1983No. 5954, 6066PublishedCited by 7 opinions

1Opinion of the Court

OPINION

BIVINS, Judge.

Ironically, what started out as an application for a one-year variance continues to wind its way through the legal and administrative process and four years later comes before this Court for the second time. Following review of the denial of a variance by the New Mexico Environmental Improvement Board (Board) on the first appeal, we remanded “with instructions to the Board to conduct further proceedings to determine whether the wood smoke, in the volume being emitted from appellant's wigwam burner is ‘injurious to health or safety’.” Duke City Lumber Co. v. N.M. Env. Imp.…

2Cases cited11 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Sierra Club v. Douglas M. Costle, Administrator of the Environmental Protection Agency, National Coal Association, Alabama Power Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1981
  3. Lead Industries Ass'n v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1980
  4. State v. BellNew Mexico Supreme Court · 1977
  5. Toltec International, Inc. v. Village of RuidosoNew Mexico Supreme Court · 1980

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3Cited by7 opinions

  1. Parker v. Continental Casualty Co.Supreme Court of Kansas · 1963
  2. State Ex Rel. Battershell v. City of AlbuquerqueNew Mexico Court of Appeals · 1989
  3. BD. OF EDUC. OF TAOS MUN. SCH. v. SingletonNew Mexico Court of Appeals · 1985
  4. Duke City Lumber Co. v. New Mexico Environmental Improvement BoardNew Mexico Court of Appeals · 1984
  5. National Council on Compensation Insurance v. New Mexico State Corp. CommissionNew Mexico Supreme Court · 1988

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