On February 1, 2002, the Texas Association of Dairymen (the "Association") filed a motion for voluntary dismissal of its appeal stating that it no longer wants to appeal the issues raised in its appellate brief. See Tex. R. App. P. 42.1(a)(2). The Association requests that this Court dismiss its appeal. The Association also informs the Court that the City of Waco and the Texas Natural Resource Conservation Commission do not oppose the motion. The Association's motion is granted and its appeal is dismissed.

The City of Waco's appeal against the Texas Natural Resource Conservation Commission continues pending on this Court's docket.

It is ordered February 22, 2002.

___________________________________________

Marilyn Aboussie, Chief Justice

Before Chief Justice Aboussie, Justices B. A. Smith and Puryear

Do Not Publish