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C.O.N.T.R.O.L. v. SENTRY

No. 03-95-00244-CV.

916 S.W.2d 677 (1996)

C.O.N.T.R.O.L.; City of Argyle; Town of Bartonville; Town of Copper Canyon; City of Haslet, City of Justin; Town of Northlake; City of Roanoke; Argyle Independent School District; Northwest Independent School District; Argyle Volunteer Fire Department; Justin Volunteer Fire Department; Denton County Electric Co-op; Graham-Argyle Cemetery Association; Prairie Mound Cemetery Association; Justin State Bank; Northwest Regional Airport; Lil Arnold; Rebecca R. Blair; Eric C. Carpenter; Edward H. Coe; David M. Dooley; Bert H. Gibbs; Gibbs Family: Tillie H. Gibbs, H. Jarrell Gibbs, and Diane (Gibbs) Nichols; C.J. Hardeman Family; Elizabeth C. Morris; William D. Owens, Jr.; Daniel J. Schneider Family; Roger Thompson; Kay Thompson; Lois Thompson; Robert Tracy; Donald A. Wood; and G.A.S.P., Appellants v. SENTRY ENVIRONMENTAL, L.P. and Texas Natural Resource Conservation Commission, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 20, 1996.

Attorney(s) appearing for the Case

Roger D. Sanders, Sanders, Mumm, O'Hanlon & Motley, P.C., Sherman, for appellants.

Roliff Purrington, Mayor, Day, Caldwell & Keeton, Houston, for Sentry Environmental, L.P.

Dan Morales, Attorney General, Cynthia Woelk, Assistant Attorney General, Environmental Protection Division, Austin, for Texas Natural Resource Conservation Commission.

Before CARROLL, C.J., and JONES and B.A. SMITH, JJ.

CARROLL, Chief Justice.

This appeal arises out of the denial of a landfill permit to appellee Sentry Environmental, L.P. ("Sentry") on March 31, 1994, by the Texas Natural Resource Conservation Commission (the "Commission"). Although successful before the Commission, appellants1 now protest the grounds relied on by the Commission to deny the landfill permit. Upon judicial review of the Commission's decision, the district court dismissed...

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