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TIRE DISPOSAL FACILITATORS, INC. v. STATE EX REL. HARDER

No. 74,058 .

22 Kan. App.2d 491 (1996)

919 P.2d 362

TIRE DISPOSAL FACILITATORS, INC., Appellee, v. STATE OF KANSAS ex rel. ROBERT C. HARDER, SECRETARY OF THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellant.

Court of Appeals of Kansas.

Opinion filed May 24, 1996.

Attorney(s) appearing for the Case

William L. Anderson, of Kansas Department of Health and Environment, of Topeka, for appellant.

Max Eugene Estes, of Dodge City, for appellee.

Before ELLIOTT, P.J., LEWIS and KNUDSON, JJ.

ELLIOTT, J.:

The Kansas Department of Health and Environment (KDHE) revoked the permit of Tire Disposal Facilitators, Inc., (TDF) to transport waste tires and ordered removal of tires at an unpermitted site. On review, the district court reversed KDHE's order, reinstated TDF's permit, and set aside the order to remove the waste tires.

KDHE appeals and we reverse.

KDHE argues the district court erred in reversing the KDHE Secretary's final order. The...

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