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EX PARTE TOWN OF LOWNDESBORO

1041071.

950 So.2d 1203 (2006)

Ex parte TOWN OF LOWNDESBORO and Lee Frazer. (In re Alabama Department of Environmental Management v. Town of Lowndesboro and Lee Frazer).

Supreme Court of Alabama.

Rehearing Denied August 25, 2006.

Attorney(s) appearing for the Case

J. Doyle Fuller and Susan G. Copeland of Law Office of J. Doyle Fuller, P.C., Montgomery, for petitioners.

Troy King, atty. gen.; Scott L. Rouse, asst. atty. gen.; and Olivia H. Rowell and Paul Christian Sasser, asst. attys. gen., Department of Environmental Management.

SMITH, Justice.

The plaintiffs below, the Town of Lowndesboro and Lee Frazer (hereinafter "the petitioners"), were awarded "interim" attorney fees and expenses in their declaratory-judgment action against the Alabama Department of Environmental Management ("ADEM"). The petitioners' declaratory-judgment action arose out of ADEM's approval of the construction of a landfill in Lowndes County. ADEM appealed the trial court's order, and the Court of Civil Appeals reversed...

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