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LOUISIANA DEPT. OF ENVIRONMENTAL v. SHAMROCK

No. 2010 CA 0089.

47 So.3d 447 (2010)

LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY v. SHAMROCK DEMOLITION WASTE HAULERS OF LOUISIANA, LLC.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 29, 2010.

Attorney(s) appearing for the Case

G. Allen Kirkpatrick , April Snellgrove , Carolyn O. Bryant , Roger K. Ward , Baton Rouge, LA, for Plaintiff/Appellee Louisiana Department of Environmental Quality.

R. David Brown , Rebecca E. May-Ricks , Baton Rouge, LA, for Defendant/Appellant Shamrock Demolition Waste Haulers of Louisiana, LLC.

Before CARTER, C.J., GUIDRY, and PETTIGREW, JJ.

GUIDRY, J.

Shamrock Demolition Waste Haulers of Louisiana, LLC (Shamrock) appeals an ex parte judgment making a penalty assessment by the Louisiana Department of Environmental Quality (LDEQ) executory. For the following reasons, we remand this matter to the district court

On July 14, 2009, the LDEQ filed an ex parte petition, wherein it sought to have a penalty assessment that it issued on May 3, 2007, made an executory judgment. See La...

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