Hallco Texas, Inc v. McMullen County, TX, et al

* Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-40766
Summary Calendar
HALLCO TEXAS, Inc.,
Plaintiff-Appellant,
VERSUS
McMULLEN COUNTY, TEXAS,
Defendant-Appellees.
Appeal from the United States District Court
For the Southern District of Texas
(L-95-CV-22)
February 25, 1997
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
In this case, appellant, Hallco Texas, Inc., purchased land
with the intent of using it as a disposal site for non-hazardous
waste in McMullen County. After Hallco’s application for a solid
waste permit was approved by the Texas Natural Resource
Conversation Commission, the McMullen County Commissioner’s Court
adopted an ordinance prohibiting solid waste disposal within three
miles of Choke Canyon Lake. Because Hallco’s proposed site is

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within this area, it brought this action for a declaration that the
ordinance is unconstitutional and for money damages. Appellee
McMullen County moved to dismiss the suit or alternatively stay the
proceedings. Hallco based its equal protection claim on the
contention that the ordinance created separate classifications for
landfill facilities and treated Hallco’s proposed facility
differently than other McMullen County facilities. The district
court held that the ordinance on its face is rationally related to
the legitimate state objective of land zoning and does not violate
the equal protection clause. Hallco appealed. For the reasons
expressed more fully in the trial court’s opinion, the district
court’s judgment is AFFIRMED.

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