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AC INTERESTS v. TCEQ

NO. 01-15-00378-CV.

521 S.W.3d 58 (2016)

AC INTERESTS L.P., Formerly American Coatings, L.P., Appellant v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued February 11, 2016.

Attorney(s) appearing for the Case

C. William Smalling , SBN: 24075086, The Law Office of C. William Smalling, PC, 1700 Post Oak Boulevard, Houston, TX 77056, for Appellant.

Cynthia Woelk , Assistant Attorney General, Environmental Protection Division, P.O. Box 12548 (MC-066), Capitol Station, Austin, TX 78711-2548, for Appellee.

Panel consists of Justices Higley, Huddle, and Lloyd.

MEMORANDUM OPINION

AC Interests L.P. filed suit against the Texas Commission on Environmental Quality (the "TCEQ"). The TCEQ filed a motion to dismiss based on AC Interest's failure to serve it with process within 30 days. The trial court granted the motion. On appeal, AC Interests argues the trial court abused...

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