September 27, 1990INDUSTRIAL FUELS & RESOURCES! DISSENTING OPINION (by R.C.
Flemal)
I dissent from today’s majority Opinion in this matter asregards: (1) the analysis presented in support of affirmation ofRespondent’s decision on criterion #1, and (2) both the analysisand conclusion reached by the majority regarding Respondent’sdecision on criterion #6.
The majority’s analysis inappropriately limits the authority
of a local review body to consider the merits of the “areaintended to be served”.
A local review body must have authority
to accept or reject a service area as defined by the applicant,or else criterion #1 looses all meaning.
.L
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Allowed
scantmp1
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