INDIANA WASTE v. BOARD OF COM'RS OF HOWARD CTY.

No. 2-277A58.

389 N.E.2d 52 (1979)

INDIANA WASTE Systems, Inc., Appellant (Plaintiff below), v. BOARD OF COMMISSIONERS OF THE COUNTY OF HOWARD, Indiana, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

April 26, 1979.


Attorney(s) appearing for the Case

Frederick J. Graf, Indianapolis, James R. Butcher, Kokomo, for appellant.

Theo. L. Sendak, Atty. Gen., Indianapolis, Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, Thomas J. Simmons, Kokomo, for appellee.


BUCHANAN, Chief Judge.

CASE SUMMARY

Indiana Waste Systems, Inc. (Systems) appeals the trial court's decision in this declaratory judgment action holding Howard County Ordinance No. 1969-31 (the Ordinance) valid, claiming the trial court erred in that: (1) the State had preempted the field of sanitary landfill regulation; (2) Section 401 of the Ordinance encroached upon the statutory powers of the Howard County Board of Zoning...

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