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JULIFF v. COM'N ON ENVIRONMENTAL QUALITY

No. 03-03-00174-CV.

131 S.W.3d 271 (2004)

JULIFF GARDENS, L.L.C., Appellant, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellee.

Court of Appeals of Texas, Austin.

March 4, 2004.

Attorney(s) appearing for the Case

Michael R. Burnett, Martha S. Dickie, Jeffrey D. Miller, Minton, Burton, Foster & Collins, PC., Austin, for Appellant.

Anthony C. Grigsby, Cynthia Woelk, Asst. Attys. Gen., Austin, for Appellee.

Before Justices KIDD, PURYEAR and PEMBERTON.

OPINION

MACK KIDD, Justice.

Appellant Juliff Gardens, L.L.C. (Juliff) appeals from a district-court judgment in favor of the Texas Commission on Environmental Quality (the Commission). While Juliff had an application to build a landfill in Brazoria County pending before the Commission, the legislature enacted H.B. 2912, a portion of which is codified as section 361.122 of the Texas Health and Safety Code.1 The provisions...

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