Lloyd A. Fry Roofing Company v. State

ROBINSON, Justice.

Appellant Lloyd A. Fry Roofing Company appeals from an interlocutory order in the form of a mandatory injunction ordering the construction of stack sampling equipment on appellant’s vent stacks as requested by the Texas Air Control Board. Reversed and rendered dismissing the motion for interlocutory order.

Lloyd A. Fry Roofing Company is a manufacturer of asphalt roofing shingles. Mists, fumes, and vapors are emitted from two vent or smokestacks in Fry’s Lubbock, Texas plant. Such emissions are “air contaminants” as defined by the Texas Clean Air Act. Vernon’s Ann.Civ.St.…