Legal Opinion

Tjfa, L.P. v. Texas Commission on Environmental Quality and BFI Waste Systems of North America, Inc.

Texas Court of Appeals, 3rd District (Austin)

Decided May 4, 2012No. 03-10-00677-CVPublishedCited by 19 opinions

1Opinion of the Court

*729 OPINION

DAVID PURYEAR, Justice.

TJFA, L.P. (“TJFA”) sought judicial review of a decision made by the Texas Commission on Environmental Quality (the “Commission”) that granted an application to expand a landfill and that required TJFA to pay half of the transcript fees associated with the hearing addressing the application. Although TJFA filed its suit within the statutory deadline, it did not execute service of citation until after the deadline listed in the health and safety code. See Tex. Health & Safety Code Ann. § 361.321(c) (West 2010). For that reason, the Commission filed a joint plea…

2Cases cited36 opinions

  1. Helena Chemical Co. v. WilkinsTexas Supreme Court · 2001
  2. United States v. LockeSupreme Court of the United States · 1985
  3. Dubai Petroleum Co. v. KaziTexas Supreme Court · 2000
  4. Mission Consolidated Independent School District v. GarciaTexas Supreme Court · 2008
  5. State v. HollandTexas Supreme Court · 2007

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3Cited by19 opinions

  1. Ac Interests, L.P., Formerly American Coatings, L.P. v. Texas Commission on Environmental QualityTexas Supreme Court · 2018
  2. John Hinkley v. Envoy Air, IncorporatedCourt of Appeals for the Fifth Circuit · 2020
  3. AC Interests L.P. v. Texas Commission on Environmental QualityCourt of Appeals of Texas · 2016
  4. Texas Health & Human Services Commission v. OlguinCourt of Appeals of Texas · 2017
  5. AC Interests L.P., Formerly American Coatings, L.P. v. Texas Commission on Environmental Quality, Texas Court of Appeals, 1st District (Houston)2015

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