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KETTLEWELL v. HOT-MIX, INC.

No. 17098.

566 S.W.2d 663 (1978)

Ralph W. KETTLEWELL et al., Appellants, v. HOT-MIX, INC., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied June 1, 1978.

Attorney(s) appearing for the Case

Law Offices of L. A. Greene, Jr., L. A. Greene, Jr., James R. Doxey, Houston, for appellants.

Baker & Botts, Robert E. Morse, III, Houston, for appellee.

John L. Hill, Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Troy C. Webb, Chief Environmental Protection Div., Douglas G. Caroom, Asst. Atty. Gen., Environmental Protection Div., W. Thomas Buckle, Asst. Atty. Gen., Environmental Protection Div., Austin, for intervenor-appellee State of Tex.

PEDEN, Justice.

Appellants, who are property owners living nearby, sued Hot-Mix, Inc., to enjoin operation of its recently constructed asphalt plant, alleging that the failure of the Texas Air Control Board (T.A.C.B.) to afford them notice of and opportunity for a hearing before issuing a construction permit to Hot-Mix constituted a violation of the due process provisions of the United States and Texas Constitutions. The plaintiffs did not seek damages. The T.A.C...

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