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SOUTHERN SHELL FISH CO. v. OPH

No. 96 CA 2295.

703 So.2d 1321 (1997)

SOUTHERN SHELL FISH COMPANY, INC. v. OFFICE OF PUBLIC HEALTH, DEPARTMENT OF HEALTH and HOSPITALS for the State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

November 7, 1997.

Attorney(s) appearing for the Case

Leigh Ann Schell, Patrick H. Patrick, New Orleans, for Appellant Plaintiff Southern Shell Fish Company, Inc.

H.M. Jack Westholz, Jr., New Orleans, for Appellee Defendant Department of Health and Hospitals.

Before FOIL, WHIPPLE and KUHN, JJ.

FOIL, Judge.

This appeal challenges an administrative decision denying appellant's request for a modified permit to allow it to stockpile oyster shells at a seafood processing facility. After a thorough review of the record, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Southern Shell Fish Company, Inc. operates a seafood processing plant in Harvey, Louisiana. The facility, situated along the Harvey Canal, is located in a primarily industrial

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