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Couple had to get permit before installing septic systems

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Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.

The Fort Wayne-Allen County Department of Health learned Henry and Barb Wagler built their home – which is owned by their limited partnership – and installed two septic systems on the property without obtaining a construction permit. An attempt to resolve the matter administratively failed, so the health department filed a complaint against the couple and their LP for injunctive relief and damages. Both sides filed for summary judgment, with the Waglers claiming Indiana Code 36-7-8-3 exempts them from the permitting requirement.

The Waglers argued the “sanitation standards” mentioned in subsection (a) of the statute don’t apply to them because of subsection (d), which says the ordinance doesn’t apply when homes are built by individuals.

Septic systems are governed by Title 16 of Indiana Code and Title 410 of the Indiana Administrative Code, the judges pointed out, citing Washington County Health Department v. White, 878 N.E.2d 224 (Ind. Ct. App. 2007). Just like the Whites in that case, the Waglers are bound to comply with health code regulations found in Title 410, the appellate court held in Henry Wagler, Barb Wagler and Henry and Barb Wagler, LP v. Fort Wayne-Allen County Department of Health, 02A03-1206-PL-269.

 

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  1. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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