Enre Corp. v. Wheeler County Board of Commissioners

Fletcher, Presiding Justice.

ENRE Corporation filed a petition for mandamus seeking to require the Wheeler County Board of Commissioners to issue a certificate of consistency for its proposed recycling plant. The trial court denied the petition. Because the record does not support a conclusion that the Board acted arbitrarily or capriciously in denying the certificate, we affirm.

ENRE is seeking to build in Wheeler County a recycling facility that proposes to receive unseparated municipal solid waste and turn 96 percent of the waste into saleable, reusable material. As part of the government…