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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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