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TRI-COUNTY SOLID WASTE v. POLLUTION CONTROL

No. 05-589.

230 S.W.3d 545 (2006)

TRI-COUNTY SOLID WASTE DISTRICT; George Zeiler, Evelynn Benbry, Carl Totemeier, and Gary Escalanta, Appellants, v. ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, Appellee, Waste Management Tontitown Landfill, LLC, Intervenor/Appellee.

Supreme Court of Arkansas.

March 2, 2006.

Attorney(s) appearing for the Case

Perkins & Trotter, PLLC, by: G. Alan Perkins, and Julie DeWoody Greathouse, Little Rock, for appellant Tri-County Solid Waste District.

The Evans Law Firm, P.A., by: Marshall Dale Evans, Fayetteville, and Stephanie Dzur, for intervenors/appellants George Zeiler, Evelynn Benbry, Carl Totemeier, and Gary Escalanta.

Yeatman & Associates, P.A., by: Gregory L. Yeatman and Jillian E. Thayer, Little Rock, for intervenor/appellant WM Tontitown Landfill, LLC.

Mike Beebe, Att'y Gen., by: Kendra Akin Jones, Ass't Att'y Gen. and Charles Moulton, Senior Ass't Att'y Gen., for appellee Arkansas Pollution Control and Ecology Commission.

TOM GLAZE, Justice.

This appeal involves the statutes and regulations that govern appeals of landfill permitting decisions. Appellee Waste Management Tontitown Landfill ("Waste Management") holds a permit for the Class 1 solid waste disposal facility in Washington County. The Tri-County Solid Waste District Board ("the Board"), one of the appellants in this case, is the governing body of the Regional Solid Waste Management District where the landfill is located.

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