BFI WASTE SYSTEMS ETC. v. MARTINEZ ENVIRON.

No. 03-02-00218-CV.

93 S.W.3d 570 (2002)

BFI WASTE SYSTEMS OF NORTH AMERICA, INC. and Texas Natural Resource Conservation Commission, Appellants, v. MARTINEZ ENVIRONMENTAL GROUP, City of China Grove, and Don McKenzie, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 19, 2002.


Attorney(s) appearing for the Case

Anthony C. Grigsby, Nancy E. Olinger, Asst. Atty. Gen., Austin, for Texas Natural Resource Conservation Commission.

Mary B. Reagan, Karen L. Watkins, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for BFI Waste Systems of North America, Inc.

Richard W. Lowerre, Lowerre & Kelly, for appellees.

Before Justices KIDD, B.A. SMITH and YEAKEL.


BEA ANN SMITH, Justice.

This case involves an urban landfill's application to permit a major expansion. As cities grow, area landfills reach capacity. Attempts to obtain new landfill space, although necessary, are always unpopular with nearby landowners. BFI operates a landfill in east San Antonio. After several incremental expansions, it applied to the Commission1 for an expansion permit that would more than triple the landfill's size...

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