IN RE BELLE CO., L.L.C.

Nos. 2006 CA 1077, 2006 CA 1078.

978 So.2d 977 (2007)

In the Matter of BELLE COMPANY, LLC. Type I and II Solid Waste Landfill, Proceedings Under the Louisiana Environmental Quality Act La. R.S. 30:2001 et seq. Belle Company, L.L.C. v. Dr. Michael McDaniel, Secretary of the Louisiana Department of Environmental Quality; and Dr. Chuck Carr Brown, Assistant Secretary of the Louisiana Department of Environmental Quality.

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 24, 2008.


Attorney(s) appearing for the Case

Edwin W. Fleshman, Taylor, Porter, Brooks, & Phillips, Baton Rouge, LA, for Appellant Belle Company, L.L.C.

Jackie M. Marve, Donald Trahan, Meredith H. Lieux, Roger K. Ward, Baton Rouge, LA, for Appellee Louisiana Department of Environmental Quality.

Adam Babich, Corrinne Van Dalen, New Orleans, LA, for Appellee Assumption Parish People's Environmental Action League.

James P. Dore, Alan J. Berteau, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, LLP, Baton Rouge, LA, for Appellee Assumption Parish Police Jury.

Before PARRO, KUHN, GUIDRY, DOWNING, and HUGHES JJ.


PARRO, J.

An applicant for a solid waste disposal permit appeals from the portion of a district court judgment that denied its petition for a writ of mandamus. The applicant sought to have the Louisiana Department of Environmental Quality render a decision on its pending application. For the following reasons, that portion of the judgment is reversed, judgment is rendered in favor of the applicant, and this matter is remanded to the district court with instructions...

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