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IN THE COURT OF APPEALS 8/6/96 OF THE STATE OF MISSISSIPPI
NO. 95-CA-00740 COA

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY APPELLANT v. SAMSON, INC. APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. WILLIAM J. LUTZ COURT FROM WHICH APPEALED: MADISON COUNTY CHANCERY COURT ATTORNEY FOR APPELLANT: ROY FURRH ATTORNEY FOR APPELLEE: JAMES M. CREWS, III NATURE OF THE CASE: ADMINISTRATIVE TRIAL COURT DISPOSITION: CHANCERY COURT REVERSED AND REMANDED COMMISSION FINDING THAT SAMSON, INC, WAS NOT IN SUBSTANTIAL COMPLIANCE WITHIN STATUTE TO BE ELIGIBLE FOR TRUST FUND

BEFORE THOMAS, P.J., DIAZ, AND PAYNE, JJ. THOMAS, P.J., FOR THE COURT:

The Mississippi Commission on Environmental Quality determined that Samson, Inc. was ineligible for reimbursement from the Mississippi Groundwater Protection Fund, for clean-up costs to be incurred at the gas station owned by Samson. The Commission's order was appealed to the Madison County Chancery Court, by Samson. After a hearing, the chancery court reversed the Commission's order, finding the order "arbitrary, capricious, and not based upon substantial evidence." From this ruling the Commission appeals to this Court. Finding that the trial court was correct in reversing the order of the Commission, we affirm. FACTS The Mississippi Groundwater Protection Trust Fund was a fund established for the purpose of cleaning up motor fuel spills at contaminated sites which may pose a threat to the environment or the public health, safety, or welfare. Miss. Code Ann.

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