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GRAVES v. FOWL RIVER PROTECTIVE ASS'N

Civ. 6466-A, 6466-X.

572 So.2d 441 (1988)

Stanley GRAVES, Alabama Environmental Management Commission, Alabama Department of Environmental Management, and Board of Water and Sewer Commissioners of the City of Mobile v. FOWL RIVER PROTECTIVE ASSOCIATION, INC., and South Alabama Seafood Association, Inc. FOWL RIVER PROTECTIVE ASSOCIATION, INC. v. BOARD OF WATER AND SEWER COMMISSIONERS OF the CITY OF MOBILE.

Court of Civil Appeals of Alabama.

Rehearing Denied January 25, 1989.

Attorney(s) appearing for the Case

J.P. Courtney III of Lyons, Pipes & Cook, Mobile, for appellants Stanley L. Graves and Alabama Environmental Management Com'n.

Joe H. Little, Jr. and J.M. Druhan of Wilkins, Druhan, Ollinger & Holtz, Mobile, for appellant/cross-appellee Bd. of Water and Sewer Com'rs of the City of Mobile.

Chase R. Laurendine, Mobile, for appellee/cross-appellant Fowl River Protective Ass'n, Inc.

Olivia H. Jenkins, Montgomery, for appellant Alabama Dept. of Environmental Management.

Frank McRight of McRight, Jackson, Myrick & Moore, Mobile, for amicus curiae Mobile Area Chamber of Commerce.

INGRAM, Judge.

On December 10, 1981, the Alabama Water Improvement Commission (AWIC) issued a National Pollutant Discharge Elimination System (NPDES) permit to the Board of Water and Sewer Commissioners of the City of Mobile (board), authorizing the discharge of pollutants into Mobile Bay from a proposed location known as the Theodore outfall. In early 1982, an administrative appeal attacking the issuance of the permit was filed with AWIC by Fowl River Protective...

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