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HALLCO TEXAS v. McMULLEN COUNTY, TEX.

Civil Action No. L-95-22.

934 F.Supp. 238 (1996)

HALLCO TEXAS, INC., Plaintiff, v. McMULLEN COUNTY, TEXAS, and the Commissioners of McMullen County, Texas: Hon. Elaine Franklin, Asa Farrer, Jr., Rodney Swaim, Jr., Herman Smith and Maximo G. Quintanilla, Jr., Defendants.

United States District Court, S.D. Texas, Laredo Division.

February 28, 1996.

Attorney(s) appearing for the Case

Ronald August Ortman, Santa Barbara, CA, for plaintiff.

C. Rex Hall, Jr., Austin, TX, for defendants.

MEMORANDUM

KAZEN, District Judge.

Pending before the Court is Defendant McMullen County's1 ("the County") opposed motion to dismiss or alternatively to stay this proceeding. In this action, Plaintiff Hallco challenges as unconstitutional Defendant's ordinance prohibiting solid waste disposal within three miles of Choke Canyon Lake.

BACKGROUND

On January 3, 1991, Plaintiff purchased a 128-acre tract...

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