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TRIPLE G LANDFILLS v. BOARD OF COM'RS OF FOUNTAIN COUNTY

No. 91-3507.

977 F.2d 287 (1992)

TRIPLE G LANDFILLS, INC., an Indiana corporation, Plaintiff-Appellee, v. BOARD OF COMMISSIONERS OF FOUNTAIN COUNTY, INDIANA, and Janet Shoaf, David Ziegler and Richard Klage, in their capacities as members of the Board of Commissioners, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 5, 1992.

Attorney(s) appearing for the Case

George Plews, Donn H. Wray (argued), Plews & Shadley, Indianapolis, Ind., for plaintiff-appellee.

Richard S. Pitts (argued), Robert R. Clark, Lowe, Gray, Steele & Hoffman, Indianapolis, Ind., for defendants-appellants.

Before CUMMINGS and FLAUM, Circuit Judges, and LEE, District Judge.

FLAUM, Circuit Judge.

In July 1989, Triple G Landfills, Inc. (Triple G) acquired an option to purchase a 189-acre tract in Fountain County, Indiana, on which it hoped to build a sanitary landfill. Subsequent geological tests and engineering work performed by Triple G, at a cost of approximately $175,000, confirmed that the site was suitable for use as a landfill. Local residents soon caught wind of Triple G's plans and, as is often the case, were less than thrilled...

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