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LIPSEY v. TEXAS DEPT. OF HEALTH

No. 3-86-067-CV.

727 S.W.2d 61 (1987)

Bo LIPSEY, et al., Appellants, v. TEXAS DEPARTMENT OF HEALTH, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied April 8, 1987.

Attorney(s) appearing for the Case

Harold F. Curtis, Jr., Greenville, for appellant.

Jim Mattox, Atty. Gen., Ginny Agnew, Asst. Atty. Gen., Austin, for Texas Dept. of Health.

Robert H. Lloyd, Chesley N. Blevins, Lloyd, Gosselink, Ryan & Fowler, P.C., Austin, for North Texas Services, Inc., for appellee.

Before POWERS, GAMMAGE and ABOUSSIE, JJ.

POWERS, Justice.

In March 1984, after notice and hearing, the State Department of Health issued to North Texas Services, Inc. a permit authorizing the company to construct and operate a municipal solid-waste facility in Hunt County. The company's application for the permit had been opposed in the agency proceedings by appellants Bo Lipsey and John D. Phillips who sued for judicial review of the agency order directing that the permit be issued. Appellants have appealed...

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