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STATE EX REL. STREAM POLLUTION CONTROL BOARD v. TOWN OF WOLCOTT

No. 2-581A143.

433 N.E.2d 62 (1982)

STATE of Indiana On the Relation of the Stream Pollution Control Board, Appellant (Plaintiff below), v. TOWN OF WOLCOTT, Board of Trustees of the Town of Wolcott, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

March 30, 1982.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Mary Ann Habeeb, Deputy Atty. Gen., Indianapolis, for appellant.

Terry L. Smith, Dellinger, Dellinger & Smith, Monticello, for appellees.

BUCHANAN, Chief Judge.

CASE SUMMARY

The Stream Pollution Control Board (Board) appeals from the trial court's refusal to enter an injunction ordering the Town of Wolcott (Wolcott) to either cover or remove refuse from an open dump, the Board claiming the trial court abused its discretion.

We reverse and remand.

FACTS

Wolcott operated and maintained an open dump which was used by the public from 1950 until 1978. The Board was notified...

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