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- Opportunity: Our client sought to construct and operate a large solid waste disposal facility but faced well-financed opposition from a nonprofit organization in obtaining a government permit. The local county government adopted zoning regulations attempting to make the project unlawful on a non-technical basis. The result was a lengthy evidentiary hearing in which the opposition engaged a well-known expert from a local university to challenge the permit on putative scientific grounds based upon a geological survey.
- Solution: We obtained the services of the most experienced and qualified consultant in the U.S. on the technical questions involved in the case. In conjunction with our expert witness, Doerner lawyers analyzed every detail of the opposition’s expert to show that there was no basis for denying the permit on scientific grounds. We filed suit against the local government to overturn the zoning regulations.
- Result: For our client we won a summary judgment against the zoning regulations on constitutional grounds and secured the permit, thanks to a strategy that turned focus of the evidentiary hearing from political opposition to scientific facts.
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