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FOR PUBLICATION
ATTORNEYS FOR APPELLANTS: THOMAS E. SCIFRES Salem, Indiana DANIEL L. BROWN Salem, Indiana ATTORNEY FOR APPELLEES: DALE W. ARNETT Winchester, Indiana

IN THE COURT OF APPEALS OF INDIANA
WASHINGTON COUNTY HEALTH DEPARTMENT and MIKE HADDON, Appellantsvs. JEFF and ROBIN WHITE, Appellees) ) ) ) ) ) ) ) ) )

No. 88A04-0703-CV-126

APPEAL FROM THE WASHINGTON CIRCUIT COURT The Honorable Nicholas L. South, Judge Cause No. 88C01-0608-PL-200

DECEMBER 10, 2007 OPINION - FOR PUBLICATION HOFFMAN, Senior Judge

Respondents/Counterclaimants-Appellants

Washington

County

Health

Department and Mike Haddon (collectively "WCHD") appeal the trial court's denial of their Counterclaim for Injunctive Relief against Petitioners/Counterclaim RespondentsAppellees Jeff and Robin White (collectively "the Whites"). We reverse and remand. WCHD raises two issues, which we consolidate and restate as whether the trial court abused its discretion by denying WCHD's Counterclaim for Injunctive Relief. In July of 2006, Mike Haddon, a Washington County Health Officer and employee of WCHD, noticed that two mobile homes had been placed on property owned by the Whites that is located in an unincorporated portion of Washington County. Haddon could see that people were living in the mobile homes and that there was a discharge pipe extending from the bottom of one of the mobile homes to the ground. As an employee of WCHD, Haddon knew that a permit for a septic system had not been obtained for either of the mobile homes. Haddon went onto the property and spoke with the Whites' son, Kelly White ("Kelly"). Haddon asked Kelly if he could look at the end of the discharge pipe, and Kelly told him no. Kelly then told Haddon to leave the property, which he did. On July 26, 2006, Haddon sent the Whites a letter stating that the WCHD, pursuant to Indiana Code

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Indiana Law