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STATE EX REL. GRAEBER v. MARION COUNTY LANDFILL, INC.

No. 88,646.

276 Kan. 328 (2003)

76 P.3d 1000

STATE OF KANSAS ex rel. CLYDE D. GRAEBER, SECRETARY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENT, Plaintiff/Appellee, v. MARION COUNTY LANDFILL, INC., Defendant/Appellee, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MARION, KANSAS, Defendant/Appellant.

Supreme Court of Kansas.

Opinion filed September 19, 2003.

Attorney(s) appearing for the Case

J. Steven Pigg, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause and was on the briefs for defendant/appellant.

Russell L. Mills, of Derby, argued the cause and was on the brief for defendant/appellee.

William L. Anderson, of Topeka, argued the cause and was on the brief for plaintiff/appellee.

The opinion of the court was delivered by

DAVIS, J.:

The Kansas Department of Health and Environment (KDHE) filed suit against Marion County Landfill, Inc., (MCLI) to enforce its administrative order which required MCLI to cease its landfill operation in Marion County and to perform closure and postclosure operations. The KDHE joined the Board of County Commissioners of the County of Marion, Kansas, (County) under alternative theories that the County was liable...

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