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  5. 679 So.2d 1142 (1996)
 

MEDICAL CLINIC BD. v. DEPT. OF ENVIR. MANAG.

2941123.

679 So.2d 1142 (1996)

MEDICAL CLINIC BOARD OF the CITY OF BIRMINGHAM v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT.

Court of Civil Appeals of Alabama.

Rehearing Denied May 17, 1996.

Certiorari Denied August 30, 1996.

Attorney(s) appearing for the Case

Charles R. Driggars and Kaye Houser Turberville of Sirote & Permutt, P.C., Birmingham, for Appellant.

Thomas L. Johnston, Asst. Atty. Gen., Alabama Department of Environmental Management, for Appellee.

Alabama Supreme Court 1951491.

RICHARD L. HOLMES, Retired Appellate Judge.

The Medical Clinic Board of the City of Birmingham (Board) appeals from the circuit court's order that affirmed the decision of the Alabama Environmental Management Commission (Commission).

Our review of the record reveals the following pertinent facts: In 1989, when the Board was in the process of constructing the Kirklin Clinic in downtown Birmingham, it discovered several...

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