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HALLCO TEXAS, INC. v. McMULLEN COUNTY

No. 02-1176.

221 S.W.3d 50 (2006)

HALLCO TEXAS, INC., Petitioner, v. McMULLEN COUNTY, Respondent.

Supreme Court of Texas.

Delivered December 29, 2006.

Rehearing Denied June 1, 2007.

Attorney(s) appearing for the Case

Lynn E. Blais, University of Texas School of Law, R. James George Jr., George & Brothers, L.L.P. and Max Renea Hicks, Law Office of Max Renea Hicks, Austin, TX, for Petitioner.

Portia Bosse and James P. Allison, Allison Bass & Associates, L.L.P., Austin, for Respondent.

Justice O'NEILL delivered the opinion of the Court as to Parts I, II, III.B, and V, joined by Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice BRISTER, and Justice JOHNSON, and an opinion as to Part III.A and IV, joined by Chief Justice JEFFERSON, Justice BRISTER, and Justice JOHNSON.

Hallco Texas, Inc. contends McMullen County's denial of a variance from an ordinance prohibiting the location of landfills within three miles of a water-supply reservoir effected...

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