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ALA. DEPT. OF ENVIRON. MGMT. v. JAMES

2971030 and 2971031.

745 So.2d 276 (1999)

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and Alabama Environmental Management Commission v. Jerry JAMES. Colbert County Commission and Shoals Solid Waste Disposal Authority v. Jerry James.

Court of Civil Appeals of Alabama.

Rehearing Denied September 24, 1999.

Attorney(s) appearing for the Case

Olivia H. Jenkins, Montgomery, for appellants Alabama Department of Environmental Management and Alabama Environmental Management Commission.

H. Thomas Heflin, Jr., Tuscumbia, for appellants Colbert County Commission and Shoals Solid Waste Disposal Authority.

James L. Richey of Thomas, Means & Gillis, P.C., Birmingham; and Robert I. Rogers, Jr., of Bedford, Rogers & Bowling, P.C., Russellville, for appellee.

CRAWLEY, Judge.

In 1992, the Alabama Department of Environmental Management ("ADEM") issued a solid-waste-disposal permit to Colbert County. Jerry James requested an administrative hearing before the Alabama Environmental Management Commission (the "Commission") to contest the issuance of the permit. After a hearing conducted in June 1992, the hearing officer recommended that the Commission approve the permit. The Commission...

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