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BOARD OF COUNTY COMMISSIONERS OF SUMNER COUNTY v. BREMBY

No. 96,658.

168 P.3d 1034 (2007)

The BOARD OF COUNTY COMMISSIONERS OF SUMNER COUNTY, Kansas, Tri-County Concerned Citizens, Inc., a Kansas not for Profit Corporation, and Dalton Holland, an Individual, Appellants, v. Honorable Roderick L. BREMBY, in His Official Capacity as Secretary of the Kansas Dept. of Health and Environment, The Kansas Dept. of Health and Environment, and Waste Connections of Kansas, Inc., a Kansas Corporation, Appellees.

Court of Appeals of Kansas.

October 12, 2007.

Attorney(s) appearing for the Case

Robert V. Eye, of Irigonegaray & Associates, of Topeka, for the appellant Board of County Commissioners of Sumner County, and Robert J. Vincze, of the Law Offices of Robert J. Vincze, of Lone Tree, Colorado, for the appellants Tri-County Concerned Citizens, Inc. and Dalton Holland.

Nancy L. Ulrich, of Kansas Department of Health and Environment, for appellees Secretary of KDHE and KDHE.

Robert H. Epstein, of Gallup, Johnson & Newman, L.C., of St. Louis, Missouri, and John Terry Moore, of Moore Martin, L.C., of Wichita, for the appellee Waste Connections of Kansas, Inc.

Before CAPLINGER, P.J., ELLIOTT, J., and BUKATY, S.J.

CAPLINGER, P.J.

This appeal is from the district court's dismissal of a petition for judicial review of an agency action for lack of standing. The Board of County Commissioners of Sumner County (the Board), Tri-County Concerned Citizens, Inc. (TCCCI) and Dalton Holland, collectively, "petitioners," challenged the issuance of a permit by the Kansas Department of Health and Environment (KDHE) to Waste Connections of Kansas, Inc. (Waste Connections) to construct a solid...

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