T.H. LANDFILL v. MIAMI CTY. SOLID WASTE DIST.

No. 27A05-9303-CV-93.

628 N.E.2d 1237 (1994)

T.H. LANDFILL Company, Inc. and Miami Holdings, L.P., Appellants-Defendants, v. MIAMI COUNTY SOLID WASTE DISTRICT AND BOARD OF COMMISSIONERS OF THE COUNTY OF MIAMI, Appellees-Plaintiffs.

Court of Appeals of Indiana, Fifth District.

February 9, 1994.


Attorney(s) appearing for the Case

Ronald J. Waicukauski, Cynthia L. Wodock, White & Raub, Indianapolis, for appellants-defendants.

Michael J. Lewinski, Bette J. Dodd, Ice Miller Donadio & Ryan, Indianapolis, for appellees-plaintiffs.


RUCKER, Judge.

When a dispute arose between the owners of a solid waste landfill and County regulators over the payment of certain disposal fees, the County filed a motion for preliminary injunction seeking to prohibit the owners from accepting any additional waste at the landfill until the fees were paid. The trial court granted the motion and the owners of the landfill now appeal arguing the trial court erred in so doing. We agree and therefore reverse.

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