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PALERMO LAND CO. v. PLANNING COM'N OF CALCASIEU PARISH

No. 89-C-2562.

561 So.2d 482 (1990)

PALERMO LAND CO., INC. & Browning-Ferris, Inc. v. PLANNING COMMISSION OF CALCASIEU PARISH & the Police Jury of Calcasieu Parish. Raymond L. NELSON, Sr., Raymond L. Nelson, Jr., Edward W. Nelson, and Patricia Nelson Brummett v. PLANNING COMMISSION OF CALCASIEU PARISH & the Police Jury of Calcasieu Parish.

Supreme Court of Louisiana.

Rehearing Denied June 21, 1990.

Attorney(s) appearing for the Case

Mack Barham, Robert Arceneaux, Barham & Associates, New Orleans, Richard Ieyoub, Dist. Atty., and Terry Manuel, Asst. Dist. Atty., for applicant.

Joseph Delafield, H. Paul Honsinger, Carmouche & Gray, Lake Charles, for respondents Palermo Land Co., Inc. and Browning-Ferris, Inc.; R. William Collings, and Edward W. Nelson, Collings & Collings, Lake Charles, for respondents Raymond L. Nelson, Sr., Raymond L. Nelson, Jr., Edward W. Nelson, and Patricia Nelson Brummett.

COLE, Justice.*

The primary issue in these consolidated cases is whether the decision of the Police Jury of Calcasieu Parish to rezone several tracts of land, thereby preventing expansion of an existing landfill, was arbitrary and capricious, and therefore invalid. For the reasons assigned herein, we hold the Police Jury's decision was not arbitrary and capricious, and we reverse the court of appeal's contrary holding.

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