BOARD OF COM'RS OF SUMNER COUNTY v. BREMBY

No. 96,658.

189 P.3d 494 (2008)

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.

Supreme Court of Kansas.

July 25, 2008.


Attorney(s) appearing for the Case

Robert V. Eye, of Irigonegaray & Associates, of Topeka, argued the cause, and Robert J. Vincze, of Law Offices of Robert J. Vincze, of Lone Tree, Colorado, and Kelly J. Kauffman, of Kauffman Law Office, of Topeka, were with him on the briefs for appellants Board of County Commissioners of Sumner County, Kansas, Tri-County Concerned Citizens, Inc., and Dalton Holland.

John Terry Moore, of Moore Martin, L.C., of Wichita, argued the cause and was on the briefs for appellee Waste Connections of Kansas, Inc.

Nancy L. Ulrich, of Kansas Department of Health and Environment, was on the brief for appellees Secretary of KDHE and KDHE.

W.C. Blanton, of Husch Blackwell Sanders LLP, of Kansas City, Missouri, and Mark D. Calcara and Mark A. Rondeau, of Watkins Calcara, Chtd., of Great Bend, were on the brief for amicus curiae Holcomb Common Facilities, LLC.


The opinion of the court was delivered by DAVIS, J.:

The Secretary of the Kansas Department of Health and Environment (KDHE), Roderick Bremby, issued a permit to Waste Connections of Kansas, Inc. (Waste Connections), for the construction of a landfill in Harper County, Kansas. The Board of Commissioners of Sumner County, Kansas (the Board), Tri-County Concerned Citizens, Inc. (Tri-County), and Dalton Holland filed a petition for review in district court under the...

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