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

OPINION

BIVINS, Judge.

Following review, the Supreme Court reversed this Court’s opinion filed June 28, 1983, and remanded for further review.

Duke City Lumber Company applied to the New Mexico Improvement Board (Board) for a one year variance from Air Quality Control Regulation 402(A). Following review of the denial of the application, this Court in Duke City Lumber Co. v. New Mexico Environmental Improvement Board, 95 N.M. 401, 622 P.2d 709 (Ct.App.1980), cert. denied, 95 N.M. 426, 622 P.2d 1046 (1981) {Duke City I), remanded “with instructions to the Board to conduct further proceedings to…