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ISLAND BAY UTILITIES, INC. v. ALABAMA DEPT. OF ENVIRONMENTAL MANAGEMENT

Civ. 7848.

587 So.2d 1210 (1991)

ISLAND BAY UTILITIES, INC. v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT.

Court of Civil Appeals of Alabama.

August 30, 1991.

Attorney(s) appearing for the Case

William J. Baxley and Joel E. Dillard of Baxley, Dillard & Dauphin, Birmingham, for appellant.

Thomas L. Johnston, Office of Gen. Counsel, Alabama Dept. of Environmental Management, Montgomery, for appellee Dept. of Environmental Management.

Larry B. Childs and Helen Currie Foster of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellee Utilities Bd. of City of Gulf Shores.

THIGPEN, Judge.

This is an appeal from an order of the Circuit Court of Montgomery County, dismissing an appeal from an order of the Alabama Department of Environmental Management Commission (Commission).

In January 1989, Island Bay Utilities, Inc. (Island Bay) requested a hearing before the Commission protesting the issuance of a sewage discharge permit to the Government Utilities Services Corporation of the City of Gulf Shores (Gulf Shores) and claiming...

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