On July 31, the Fountain County Board of Commissioners (Board) convened a special meeting to address the issue, and over the next six months enacted a series of measures designed to restrict landfill construction in the county. Local residents soon caught wind of Triple G's plans and, as is often the case, were less than thrilled. Subsequent geological tests and engineering work performed by Triple G, at a cost of approximately $ 175,000, confirmed that the site was suitable for use as a landfill. (Triple G) acquired an option to purchase a 189-acre tract in Fountain County, Indiana, on which it hoped to build a sanitary landfill. Any distinction between an ordinance that forecloses all landfill development and a moratorium on landfill construction is irrelevant.īefore CUMMINGS and FLAUM, Circuit Judges, and LEE, District Judge. Indiana law recognizes that an ordinance can be a zoning ordinance, even if it creates only a single district. The court holds that the challenged ordinance is a zoning ordinance. Indiana law prohibits local governmental bodies from enacting zoning ordinances in the absence of a comprehensive zoning plan. The court then holds that it will dispose of the case on pendent state grounds and avoid federal constitutional issues. Delaying judicial review would work a substantial hardship, because the investment already expended demonstrates a direct, tangible interest in the outcome of the lawsuit. The question presented - whether the ordinance is a zoning ordinance under Indiana law - is purely legal and would not be clarified by administrative proceedings or factual development. Although no landfill permit application is pending, this lawsuit mounts a facial attack on the ordinance. The court first holds that the case is ripe for review. The court holds that a county landfill siting ordinance that has the effect of precluding future sites is invalid under Indiana law. Board of Commissioners of Fountain CountyNo. Board of Commissioners of Fountain CountyĠ | Environmental Law Reporter | copyright © 1993 | All rights reserved
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |