Potter v. Kaufman & Broad Home System of Texas, Inc.

OPINION

Opinion by PAUL W. GREEN, Justice.

This appeal arises from a “sham recycling” case. Appellants Carl Potter, Chris Potter and C & K Materials (“Potters”) filed suit against several defendants, including appellee Kaufman & Broad Home Systems of Texas, Inc. (“Kaufman”), seeking reimbursement for fines and cleanup costs associated with an order issued against the Potters by the Texas Commission on Environmental Quality (“TCEQ”). 2 Kaufman and the other defendants filed a motion for summary judgment, contending that there were no genuine issues of material fact and that the applicable…