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TJFA, L.P. v. TEX. COM'N ON ENVTL. QUALITY

No. 03-10-00677-CV.

368 S.W.3d 727 (2012)

TJFA, L.P., Appellant, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and BFI Waste Systems of North America, Inc., Appellees.

Court of Appeals of Texas, Austin.

May 4, 2012.

Attorney(s) appearing for the Case

Erich M. Birch , Angela K. Moorman , Birch Becker & Moorman, LLP, James A. Hemphill Graves , Dougherty, Hearon & Moody, PC, Austin, TX, for appellant.

Cynthia Woelk , Brian E. Berwick , Nancy Elizabeth Olinger , Assistant Attorney General Environmental Protection & Administrative Law Division, Paul G. Gosselink , Jeffrey S. Reed , Lloyd Gosselink Rochelle & Townsend, PC, Austin, TX, for appellees.

Before Chief Justice JONES, Justices PURYEAR, PEMBERTON, HENSON, ROSE and GOODWIN.

OPINION

DAVID PURYEAR, Justice.

TJFA, L.P. ("TJFA") sought judicial review of a decision made by the Texas Commission on Environmental Quality (the "Commission") that granted an application to expand a landfill and that required TJFA to pay half of the transcript fees associated with the hearing addressing the application. Although TJFA filed its suit within the statutory deadline, it did not execute...

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