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COM'N ON POLLUTION C. & E. v. WORTH JAMES, ETC.

No. 78-28.

568 S.W.2d 27 (1978)

COMMISSION ON POLLUTION CONTROL AND ECOLOGY, Appellant, v. WORTH JAMES (MODEL FILL, INC.), Appellee.

Supreme Court of Arkansas, Division 2.

July 17, 1978.

Attorney(s) appearing for the Case

W. Christopher Barrier, Little Rock, for appellant.

Bachmann & Weltchek P.A., by Andrew Weltchek, Little Rock, for amicus curiae.

Friday, Eldredge & Clark by Boyce R. Love, Little Rock, for appellee.

HOWARD, Justice.

This appeal involves the application of appellee for a permit to construct and operate a sanitary landfill on a thirty (30) acre tract of land that is part of a larger tract of land consisting of 253 acres commonly known as the "Worth James Airport, on Mabel vale Pike north of Fourche Creek." The proposed landfill site is approximately three-fourths of a mile east of Mabelvale Pike.

Although the administrative staff of the Commission on Pollution...

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