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ATTORNEYS FOR APPELLANTS Larry F. Whitham Jonathan L. Whitham Indianapolis, Indiana

ATTORNEYS FOR APPELLEES Sue A. Shadley John. M. Ketcham Amy E. Romig Indianapolis, Indiana

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Indiana Supreme Court
_________________________________ No. 48S00-1003-PL-158 KILLBUCK CONCERNED CITIZENS ASSOCIATION, BY ITS CHAIRMAN WILLIAM F. KUTSCHERA, AND DANIEL B. SPALL,

In the

FILED
Feb 10 2011, 10:42 am
of the supreme court, court of appeals and tax court

CLERK

Appellants (Plaintiffs below), v. J.M. CORPORATION, AND RALPH REED, Appellees (Defendants below),

MADISON COUNTY BOARD OF ZONING APPEALS, Interested Party. _________________________________ Appeal from the Madison Superior Court, No. 48D01-0806-PL-996 The Honorable Michael D. Keele, Special Judge _________________________________ On Direct Appeal _________________________________

February 10, 2011 Sullivan, Justice.

In 1981, Madison County zoning authorities granted a special use permit to J.M. Corporation ("JMC") to establish a landfill. Over the intervening decades, JMC has engaged in substantial construction of the facility but has not been able to obtain an operating permit from environmental authorities. On March 24, 2008, the Legislature passed a law applying only to facilities for which a county zoning permit had been approved before April 1, 1985. The law provided that any such "facility . . . that did not accept waste before April 1, 2008[,]" had to return to the county zoning authorities for a new permit. Ind. Code

Download Killbuck Concerned Citizens Association v. J.M. Corporation and Ralph Reed.pdf

Indiana Law