American Waste & Pollution Control Co. v. State, Department of Environmental Quality

Supreme Court of Louisiana October 2, 1992

American Waste & Pollution Control Co. v. State, Department of Environmental Quality, 604 So. 2d 1318 (La. 1992)

1992 La. LEXIS 2960; 1992 WL 265965

Issue, Its, Lemmon, Notes, Novo, Raise, Relator, Review, Trial, Watson

Opinion of the Court

In re Inglewood Land & Dev. Corp.; Rio Range Dev. Corp.; Rush, Robert, Dr.; Oray, Marc; — Third Party(ies); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, Nos. CA89 0906R, CA90 1398; Parish of East Baton Rouge, 19th Judicial District Court, Div. “M”, No. 339,964.

Denied.

WATSON, J., concurs and notes the court of appeal should have worded its order to require a de novo “review” by trial court. LEMMON, J., concurs. Relator may raise the constitutional issue in the district court.

Reference

Full Case Name: In the Matter of AMERICAN WASTE & POLLUTION CONTROL CO., Mid-State Sanitary Regional Landfill, etc. AMERICAN WASTE AND POLLUTION CONTROL COMPANY v. The STATE of Louisiana, DEPARTMENT OF ENVIRONMENTAL QUALITY
Status: Published