In re Minnesota Orchestral Ass'n for a Variance From Minn. R. 7030.0040 for the Operation of the Proposed Brooklyn Park Performing Arts Center

OPINION

TOUSSAINT, Chief Judge.

The Minnesota Pollution Control Agency granted respondent Minnesota Orchestral Association a noise variance for its proposed amphitheater. Relator, Preserve Our Environment, an environmental group, challenges the noise variance, arguing it is unsupported by the evidence and is arbitrary and capricious. Because record evidence supports the agency’s decision, which is not arbitrary or capricious, we affirm.

*480FACTS

Respondent Minnesota Orchestral Association (MOA), a nonprofit corporation in charge of funding the Minnesota Orchestra, wants to build an amphitheater in…