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STREAM POLL. CONT. BD. v. TIPPECANOE S. LAND., INC.

No. 86A03-8608-CV-245.

511 N.E.2d 473 (1987)

INDIANA STREAM POLLUTION CONTROL BOARD, Appellant (Plaintiff below), v. TIPPECANOE SANITARY LANDFILL, Inc., Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied October 15, 1987.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Deborah E. Albright, Deputy Atty. Gen., Indianapolis, for appellant.

Louis Pearlman, Jr., Lafayette, for appellee.

STATON, Judge.

The Indiana Stream Pollution Control Board appeals the trial court's denial of its contempt petition against the Tippecanoe Sanitary Landfill. Because we reverse, we consider only the following issues:

Did the trial court err in failing to find that the landfill: (1) Operated and advertised without a permit in violation of 330 IAC 4-5-1 and 330 IAC 4-5-3? (2) Deviated from its approved construction plans without Board approval...

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