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Posted by: Landry Butler on Jan 31, 2018

Court: TN Court of Appeals

Attorneys 1:

William L. Campbell, Jr., Nashville, Tennessee; Sheryl G. Snyder, Louisville, Kentucky; and Wm. T. Robinson, III, Christopher S. Habel, and Stephen N. Haughey, Cincinnati, Ohio, for the appellant, StarLink Logistics, Inc.

Attorneys 2:

Sharon O. Jacobs and C. David Briley, Nashville, Tennessee, and Thomas W. Hardin and Kori A. Bledsoe, Columbia, Tennessee, for the appellee, ACC, LLC.

Herbert H. Slatery, II, Attorney General and Reporter; Andree S. Blumstein, Solicitor General; and Elizabeth P. McCarter, Senior Counsel, for the appellee, Tennessee Solid Waste Disposal Control Board.

Donald Capparella and Elizabeth Sitgreaves, Nashville, Tennessee, for the Amici Curiae, Claude T. Brawner, Eldon R. Cummins, Sara J. Cummins, W. Dwight Green, James Earl Jones, Leslie Liles, Gail P. McCain, Morris Ray McCain, and Larry Patton.

Judge(s): MCCLARTY

In this case, several entities were attempting to address the pollution issues of Sugar Creek and Arrow Lake. An Amended and Restated Consent Order was approved. StarLink Logistics, Inc., a property owner, appealed. Initially, this court reversed. After an appeal, the Supreme Court of Tennessee remanded for this court to review under the proper standard of review. We now affirm the trial court’s decision to approve the Consent Order.