Justices find statute doesn't apply to landfill facility

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The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.

In Killbuck Concerned Citizens Association v. J.M. Corporation and Ralph Reed, No. 48S00-1003-PL-158, a group of Madison County residents, some who own land close to the proposed landfill of J.M. Corporation, appealed the approval of the landfill’s permit for construction. The Madison County Board of Zoning Appeals granted the zoning petition in 1981.

Over the years, JMC had been granted an operating permit by the Indiana Department of Environmental Management, but because of an appeal by the citizens association, the issue went back before the Indiana Office of Environmental Adjudication. JMC and IDEM have met several times to attempt to finalize the operating permit, but their efforts failed and the matter was appealed again.

The appeal was resolved when the Office of Environmental Adjudication ruled in October 2004 that an operating permit had been issued to JMC in 1998 and IDEM improperly denied JMC’s permit renewal application and request for extension of time. But a new law passed in March 2008 says a facility that didn’t accept waste before April 1, 2008, had to return to county zoning authorities for a new permit. JMC installed and operated a collection container system on its property and at the end of March 2008, it had received household trash from paying customers.

The citizens association sought a declaratory judgment in June 2008 that Indiana Code 13-20-2-11 applied to JMC so it had to seek current zoning approval. The trial court granted JMC’s motion for summary judgment and denied the association’s motion for summary judgment. The trial court held that the statute violated the Indiana Constitution because it was a special law that could have been made to apply generally. It also ruled the collection container system didn’t constitute accepting waste.

The Supreme Court didn’t address the constitutional issue and instead focused on the application of the statute to JMC. The justices, in applying the recognized definitions of “facility,” “accept,” and “waste,” unanimously held that the statute doesn’t apply to JMC because the landfill accepted waste before April 1, 2008.

In addition, the facility was only required to have “accepted” waste before the applicable deadline and the waste was not required to be deposited or disposed of as it would be in a landfill, wrote Justice Frank Sullivan.

The justices reversed the trial court and remanded for further proceedings consistent with the opinion.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

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