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COM'N ON ENVIRONMENTAL QUALITY v. KELSOE

No. 03-07-00720-CV.

286 S.W.3d 91 (2009)

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Mark R. Vickery, Executive Director, Concerned Citizens for Red River County, and Edwin R. Stephenson, Appellants//Edwin B. Kelsoe, Cross-Appellant, v. Edwin B. KELSOE, Appellee//Texas Commission on Environmental Quality, Mark R. Vickery, Executive Director, Concerned Citizens for Red River County, and Edwin R. Stephenson, Cross-Appellees.

Court of Appeals of Texas, Austin.

April 30, 2009.

Attorney(s) appearing for the Case

John R. Moore, Austin, TX, for Cross-Appellant.

Jennifer S. Riggs, Riggs Aleshire & Ray, PC, Anthony C. Grigsby, Asst. Atty. Gen., Austin, TX, for Cross-Appellees.

Before Chief Justice JONES, Justices PURYEAR and HENSON.

ON MOTION FOR REHEARING

DAVID PURYEAR, Justice.

The opinion and judgment issued on March 11, 2009, are withdrawn and this opinion is substituted in their place.

This case arises out of appellee and cross-appellant Edwin B. Kelsoe's application for a solid-waste landfill permit. After returning Kelsoe's application twice for deficiencies, appellant and cross-appellee Texas Commission on Environmental Quality determined that the application was incomplete...

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