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A TO Z PAPER CO. v. STATE, DEPT. OF ENVIRON. QUALITY

No. 99CA1710.

770 So.2d 445 (2000)

A TO Z PAPER COMPANY, INC., Doussan Properties, LLC, Tri-Gas, Inc., Twi-Ro-Pa Mills Agency, Inc., and John Kane v. STATE of Louisiana, DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 13, 2000.

Attorney(s) appearing for the Case

Louis R. Koerner, Jr., William F. Ridlon, II, New Orleans, LA, Attorneys for Plaintiffs—Appellants A to Z Paper Company, Inc., Doussan Properties, LLC, Tri-Gas, Inc., Twi-Ro-Pa Mills Agency, Inc., and John Kane.

R. Katherine Long, Herman Robinson, Jackie Marve, Baton Rouge, LA, Attorneys for Defendant—Appellee State of Louisiana, Department of Environmental Quality.

Before: WHIPPLE and FOGG, JJ., and BECNEL, J. Pro Tem.

FOGG, J.

This appeal challenges a judgment of the district court dismissing an appeal of an action of the Louisiana Department of Environmental Quality (DEQ) as untimely pursuant to LSA-R.S. 30:2050.21(A). For the following reasons, we reverse and remand.

Carlo Ditta, Inc. applied to DEQ for a small source air permit for its cement batch plant located in New Orleans, Louisiana. Subsequently, by letter dated April 7, 1998, A to Z Paper Company, Inc., Tri-Ro...

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