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BLACKETT v. LA. DEPT. OF ENVIRONMENTAL QUALITY

No. CW/85/1448.

481 So.2d 1042 (1985)

Billy Dean BLACKETT, Jerry Iverson, and Killoden Land Company Partnership v. LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY and Browning Ferris, Inc.

Court of Appeal of Louisiana, First Circuit.

November 25, 1985.

Attorney(s) appearing for the Case

Charles S. McCowan, Jr., Baton Rouge, for plaintiffs-relators.

Samuel O. Buckley, III, New Orleans, for Browning Ferris, Inc., respondent.

Roland T. Huson, III, Baton Rouge, for D.E.Q., respondent.

REQUEST FOR STAY DENIED, WITH ORDER.

The application for a stay order is denied in as much as the relators have not exhausted their administrative remedies by applying to the Secretary of the Department of Environmental Quality for a Stay Order pending the disposition of their request for a hearing filed on October 31, 1985, pursuant to La. R.S. 30:1072(A). The complained of permit action is not final because relators timely requested a hearing, and the...

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