ELR Citation: ELR 20601
No(s). 85-1910 (9th Cir. Apr 3, 1986)

The court rules that a conditional operating permit issued by the county air quality control board creates a property interest subject to procedural due process protection. The court holds, however, that the county did not deprive appellant of that property. A letter from an air quality control officer informing the appellant that its permit was null and void did not revoke the permit since the permit could only be revoked by the board.

Counsel for Plaintiffs-Appellants
Steven Weatherspoon
Chandler, Tullar, Udall & Redhair
1700 Arizona Bank Bldg., 33 N. Stone Ave., P.O. Box 3069, Tucson AZ 85701
(602) 623-4353

Counsel for Defendants-Appellees
Richard M. Rollman
Jones, Dickerman, Nuckolls, Edward & Smith
6601 E. Grant Rd., P.O. Box 30010, Tucson AZ 85751
(602) 886-8863

Before SNEED and KOZINSKI, Circuit Judges, and SOLOMON, Senior District Judge.^*