BANKE, Chief Judge.
The events giving rise to this lawsuit commenced in 1980, when Heard County, the appellee herein, instituted condemnation proceedings to acquire a tract of land upon which Earth Management, Inc., (EMI) proposed to construct a state-licensed hazardous waste disposal facility. The ostensible purpose of the taking was to obtain a site for a public park. The Supreme Court subsequently set aside the condemnation based on a finding that the county had...
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