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TIPPECANOE SAN. LANDFILL v. BD. OF CY. COM'RS

No. 2-982A324.

455 N.E.2d 971 (1983)

TIPPECANOE SANITARY LANDFILL, Inc., an Indiana Corporation, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF TIPPECANOE COUNTY, Indiana, Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied December 20, 1983.

Transfer Denied February 17, 1984.

Attorney(s) appearing for the Case

Louis Pearlman, Jr., Edward Chosnek, Pearlman & Chosnek, Lafayette, for appellant.

J. Frederick Hoffman, Hoffman, Melichar & Luhman, Lafayette, for appellee.

RATLIFF, Judge.

STATEMENT OF THE CASE

In an action for injunctive relief initiated against the appellant, Tippecanoe Sanitary Landfill, Inc. (TSL), by T.R. Ash Company, TSL filed a third-party complaint against the Board of County Commissioners of Tippecanoe County (Board of Commissioners). The Board, in turn, moved for summary judgment. This motion was granted by the Tippecanoe Superior Court on April 29, 1982. It is from this determination that TSL now...

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