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STEWART v. ROOD

No. 64932.

796 P.2d 321 (1990)

E.H. STEWART, Wanda L. Stewart, John Peoples, LaRue Peoples, James Howard and Sharon Howard, Appellants, v. Fenton ROOD, Director, Solid Waste Division of the Oklahoma State Department of Health; the Oklahoma Department of Health; Joan K. Leavitt, Commissioner, State Department of Health; Pottawatomie County Health Department; and the Board of County Commissioners of Pottawatomie County, Appellees.

Supreme Court of Oklahoma.

July 17, 1990.

Attorney(s) appearing for the Case

Paul F. Fernald, Trent W. Keller, Keller & Fernald, Oklahoma City, and John L. Clifton, Shawnee, for appellants.

Robert D. Kellogg, Oklahoma State Dept. of Health, Oklahoma City, for appellees.

LAVENDER, Justice:

We decide in this case: 1) whether prior to recent changes made by the 42nd Oklahoma Legislature, that body intended for the Oklahoma Department of Health (ODH) in making a decision to grant a permit to construct and operate a solid waste landfill pursuant to the Oklahoma Solid Waste Management Act (OSWMA), 63 O.S. 1981, § 2251 et seq., as amended1 to

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