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CAPSTONE OILFIELD DISPOSAL v. POPE COUNTY

No. CA 11-1087.

408 S.W.3d 65 (2012)

2012 Ark. App. 231

CAPSTONE OILFIELD DISPOSAL OF ARKANSAS, INC., Appellant v. POPE COUNTY, Arkansas; Arnold Bowden; Dusty Hampton; Connie Aday; and Kenneth Bowden, Appellees.

Court of Appeals of Arkansas.

Rehearing Denied May 9, 2012.

Attorney(s) appearing for the Case

Robert M. Honea, Hardin, Jesson & Terry, PLC, Fort Smith, for appellant.

Robert M. Veach and Richard L. Peel, Peel Law Firm, P.A., Russellville, for appellee.

ROBERT J. GLADWIN, Judge.

Appellant Capstone Oilfield Disposal of Arkansas, Inc. ("Capstone"), appeals the August 9, 2011 decision of the Pope County Circuit Court that reversed the decision of the Arkansas Oil and Gas Commission ("AOGC") to grant Capstone a permit to operate a Class II UIC commercial disposal well. Capstone asserts that the circuit court erred because (1) appellees' argument was not properly raised before the AOGC; (2) this was a matter of internal...

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