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ARKANSAS DEPT. OF ENV. QUAL. v. AL-MADHOUN

No. 07-988.

285 S.W.3d 654 (2008)

The ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY; Marcus Devine, individually, and in his official capacity; Mary Leath, individually and in her official capacity; Steve Martin, individually and in his official capacity; Ryan Benefield, individually and in his official capacity; Harry Elliott, individually and in his official capacity; Scott McWilliams, individually and in his official capacity; and Gerald Delavan, individually and in his official capacity, Appellants, v. Shawki AL-MADHOUN and Northstar Engineering Consultants, Inc., Appellees.

Supreme Court of Arkansas.

June 19, 2008.

Attorney(s) appearing for the Case

Dustin McDaniel, Att'y Gen., by: Charles Moulton, Sr., Ass't Att'y Gen., and Kendra Akin Jones, Ass't Att'y Gen., for appellants.

Little Law Firm, P.A., by: Courtney N. Little, Rogers; and Corbitt Law Firm, by: Chris P. Corbitt, Little Rock, for appellees.

JIM GUNTER, Justice.

This appeal arises from an order of the Pulaski County Circuit Court denying a motion to dismiss filed by the Arkansas Department of Environmental Quality ("ADEQ") and seven ADEQ employees in their official and individual capacities (collectively "Appellants"). We reverse the circuit court's order and dismiss the case.

On March 17, 2006, Appellees Shawki Al-Madhoun ("Al-Madhoun") and Northstar Engineering Consultants, Inc. ("Northstar...

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