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WALKER CREEK HOMEOWNERS ASS'N v. TEX. DEPT. OF H. RES.

No. 12934.

581 S.W.2d 196 (1979)

WALKER CREEK HOMEOWNERS ASSOCIATION OF ELLIS COUNTY, Texas, Appellant, v. TEXAS DEPARTMENT OF HEALTH RESOURCES et al., Appellees.

Court of Civil Appeals of Texas, Austin.

April 11, 1979.

Attorney(s) appearing for the Case

Guy C. Fisher, Austin, for appellant.

John L. Hill, Atty. Gen., Richard W. Lowerre, Asst. Atty. Gen., Austin, for Texas Dept. of Health.

Robert H. Lloyd, Paul G. Gosselink, Booth, Lloyd & Simmons, Austin, for City of Ennis.

PHILLIPS, Chief Justice.

This suit was brought by the Walker Creek Homeowners Association of Ellis County, Texas, to set aside an order of the Texas Department of Health Resources, now the Texas Department of Health, granting a permit to the City of Ennis to operate a sanitary landfill some 2.7 miles from the city. The trial court rendered judgment upholding the order.

In June of 1976, the City of Ennis filed an application to operate a solid waste disposal...

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