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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />8. <br />32 per day (Source: fax from Timothy 1. Koch dated 7/23/01). <br /> <br />For 2000, the statewide cremation percentage was 30.30 % or about <br /> <br />9. <br />location, and operating procedures have not yet been promulgated to adequately <br /> <br />Updated Federal and state standards regarding crematory emissions, <br /> <br />address the growing use of cremation, nor developments in medical science such <br />as brachytherapy that that could introduce an additional environmental health <br />threat, in spite of the 1990 Federal Clean Air Act amendments that require the <br />Environmental Protection Agency to develop new source perfonnance standards <br />and emission guidelines for crematories. <br /> <br />10. The required emISSIOn limits for acid gases (sulfur dioxide and <br /> <br />hydrogen chloride), patiiculate matter, opacity, metals (including cadmium, lead <br /> <br />and .. . ide and nitrogen . <br />mercury), orgamcs (dIOxms and furans), carbon monox oXIdes <br />from crematories have not been established in part due to limited inforrnation <br /> <br />available to environmental protection agencies (Source lEE Co.! All Crematory). <br /> <br />Roselawn filed a declaratory judgment action in district court seeking judgment requiring <br /> <br />city to issue it a conditional use permit and damages. The city moved for summary <br /> <br />judgment on the grounds that it acted reasonably in denying Roselawn's request and the city was <br /> <br />immune from the damage claim. Shortly thereafter, Roselawn moved for summary judgment on <br /> <br />its behalf. The district court granted summary judgment to the city. <br /> <br />ISSUE <br /> <br />Was the city's decision to deny Roselawn a conditional use perrnit arbitrary, capricious, <br /> <br />or unreasonable? <br /> <br />ANAL YSIS <br /> <br />http://www.courts.state.mn.us/opinions/coa/current/opa040672-1123.htm <br /> <br />11/23/2004 <br />