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Monday, October 04, 2010

Ind. Decisions - "Porter County wins battle in transfer station war" [Updated]

This Porter County fight against a transfer station variously described as "near Mount Baldy" and near the Town of Pines, which has been in litigation for years, reached another milestone today.

Phil Wieland reports in the NWI Times in a story that begins:

MICHIGAN CITY | A LaPorte County Superior Court judge has ruled in Porter County's favor in the ongoing battle over plans to build a trash transfer station on County Line Road in LaPorte County.

Judge Richard Stalbrink granted Porter County's request for a summary judgment dismissing the suit filed by Great Lakes Transfer LLC and the property owners Darren and Gina Kaletha. Great Lakes received a permit from the Indiana Department of Environmental Management to build the trash transfer station on about 64 acres owned by the Kalethas on the LaPorte County side of County Line Road.

The dispute resulted from Porter County's refusal to allow a driveway cut to the property from County Line, which is the only access road. The county has jurisdiction over all roads on its eastern and southern boundaries and rejected several applications to allow the driveway cut saying the road was not built to handle the steady flow heavy trucks that would be using the transfer station.

Bob Harper, president of the board of county commissioners, said the county fought the project from the beginning because the proposed driveway is "not that far from the dunes park, there is residential across the street and the road can't handle the semis."

"It needs to be a major highway," Harper said of County Line. We are talking hundreds of semis a week, and that is a very simple county road. Traditionally it's been a low-traveled road. It was wetlands all around where they are going to put the transfer station. I am very pleased with this decision."

The most recent earlier ILB entry is from June 13, 2008 and is headed "Ind. Decisions - Permit for trash station near Mount Baldy upheld."

[Updated 10/5/1] This story in today's Gary Post-Tribune, reported by Christin Nance Lazerus, is more factually specific:

A LaPorte County judge ruled in favor of the Porter County Board of Commissioners' right to deny road permits to a proposed waste transfer station on the LaPorte County side of County Line Road.

The Porter County Board of Commissioners have jurisdiction over County Line Road and they denied the Great Lakes Transfer's application for a driveway permit/curb cut on three separate occasions.

The Porter County Engineer, Highway Department and Commissioners cited concerns about overweight trucks using the road.

LaPorte County Superior Court Judge Richard R. Stalbrink granted a summary judgment in favor of Porter County, noting that the decision to deny a permit to cut into a county road is not subject to judicial review.

Commissioner Bob Harper was pleased with the decision.

"This is not very far from the entrance to the National Lakeshore, and it's in a residential area," Harper said. "There would be hundreds of trucks coming down that road each week, and that road is not ready for that."

In November 2005, Great Lakes Transfer was granted a construction air permit from the Indiana Department of Environmental Management, which is good for 5 years.

The commissioners challenged the issuance of the permit, but an administrative law judge denied their petition.

Subsequently, a Marion County judge and Indiana Court of Appeals judge would come to the same conclusion, but in each case, they said that Great Lakes Transfer must comply with local laws and regulations.

Great Lakes Transfer can appeal the decision, but it's not clear if they will.

Posted by Marcia Oddi on October 4, 2010 08:11 PM
Posted to Environment | Ind. Trial Ct. Decisions