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Thursday, February 10, 2011

Ind. Decisions - Supreme Court decides one today

In Killbuck Concerned Citizens Association v. J.M. Corporation and Ralph Reed, a 6-page, 5-0 decision, Justice Sullivan writes:

In 1981, Madison County zoning authorities granted a special use permit to J.M. Corpo-ration (“JMC”) to establish a landfill. Over the intervening decades, JMC has engaged in substantial construction of the facility but has not been able to obtain an operating permit from environmental authorities. On March 24, 2008, the Legislature passed a law applying only to facilities for which a county zoning permit had been approved before April 1, 1985. The law provided that any such “facility . . . that did not accept waste before April 1, 2008[,]” had to return to the county zoning authorities for a new permit. Ind. Code § 13-20-2-11 (Supp. 2008). Because JMC's facility did accept waste before April 1, 2008, the new law does not apply to it. * * *

Although this Court has mandatory and exclusive jurisdiction over this appeal because of the trial court's ruling that the statute was unconstitutional [ILB - as a special law] , Ind. Appellate Rule 4(A)(1)(b), we refrain from deciding this case on that issue. Specifically, because we conclude that the statute does not apply to JMC, we find it unnecessary to and do not consider the constitutionality of Indiana Code section 13-20-2-11. * * *

We reverse the judgment of the trial court and remand for proceedings consistent with this opinion.

This case, concerning Mallard Lake, was argued before the Supreme Court on Sept. 9, 2010, in a direct appeal. Here is the description posted by the Court at the time:
9:00 AM - Killbuck Concerned Citizens Assoc., et al. v. J.M. Corp., et al ( 48S00-1003-PL-158) - The Madison Superior Court ruled that IC 13-20-2-11, which relates to landfill permits, was unconstitutional and entered summary judgment for the owners, Appellees J.M. Corporation and Ralph Reed. In this civil direct appeal, nearby residents assert the trial court erred in declaring the statute unconstitutional and should have entered summary judgment for them. Appellees also raise several cross-appeal issues relating to the statute.

Posted by Marcia Oddi on February 10, 2011 12:14 PM
Posted to Ind. Sup.Ct. Decisions