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COOPER v. CALANDRO

No. 40A01-9012-CV-492.

581 N.E.2d 443 (1991)

George COOPER and Christina Cooper, d/b/a Cooper Septic Tank Service, Appellants-Defendants, v. Thomas CALANDRO and Sonja Calandro, Asa Sessions and Zora Sessions, Marvin Harsh and Ann Harsh, Wilber England and Bonnie England and Esther Helt, Appellees-Plaintiffs.

Court of Appeals of Indiana, First District.

Rehearing Denied January 28, 1992.

Attorney(s) appearing for the Case

David W. Stone, IV, Anderson, for appellants-defendants.

Timothy J. Vrana, Jeffrey S. Washburn, Sharpnack, Bigley, David & Rumple, Columbus, for appellees-plaintiffs.

BAKER, Judge.

George and Christina Cooper (the Coopers) appeal the grant of a permanent injunction prohibiting them from applying septic waste to their land until approved by the local plan commission and/or board of zoning appeals. We reverse.

FACTS

George Cooper, d/b/a Cooper Septic Tank Service, has been in the business of septic waste disposal for some 35 years. He pumps out septic tanks, cleans sewer lines, and rents portable toilets. Cooper...

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