SAFE WASTE v. AIR POLLUTION CONTROL

No. WD 48917.

896 S.W.2d 643 (1995)

CITIZENS FOR SAFE WASTE MANAGEMENT, et al., Appellants, v. ST. LOUIS COUNTY AIR POLLUTION CONTROL APPEAL BOARD, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 2, 1995.


Attorney(s) appearing for the Case

Lewis C. Green, Bruce A. Morrison, Kathleen G. Henry, Green, Hennings & Henry, St. Louis, for appellants.

Gerald A. Rimmel, Michael Waxenberg, Susman, Schermer, Rimmel & Shifrin, St.

Louis, James H. White, Deputy County Counselor, Clayton, for respondents.

Before SPINDEN, P.J., and LOWENSTEIN and ELLIS, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 2, 1995.

LOWENSTEIN, Judge.

This appeal follows a two-count declaratory judgment suit brought by appellants to stop construction and operation of the Halls Ferry landfill site in St. Louis County. Just prior to oral argument, the landfill operator, holder of the permits for this site, dropped the project, sought to decommission the landfill, and commenced excavation and removal of waste already...

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