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KILLBUCK CONCERNED CITIZENS v. J.M. CORP.

No. 48S00-1003-PL-158.

941 N.E.2d 1037 (2011)

KILLBUCK CONCERNED CITIZENS ASSOCIATION, by its Chairman William F. KUTSCHERA, and Daniel B. Spall, Appellants (Plaintiffs below), v. J.M. CORPORATION, and Ralph Reed, Appellees (Defendants below), Madison County Board of Zoning Appeals, Interested Party.

Supreme Court of Indiana.

February 10, 2011.

Attorney(s) appearing for the Case

Larry F. Whitham , Jonathan L. Whitham , Indianapolis, IN, Attorneys for Appellants.

Sue A. Shadley , John. M. Ketcham , Amy E. Romig , Indianapolis, IN, Attorneys for Appellees.

SULLIVAN, Justice.

In 1981, Madison County zoning authorities granted a special use permit to J.M. Corporation ("JMC") to establish a landfill. Over the intervening decades, JMC has engaged in substantial construction of the facility but has not been able to obtain an operating permit from environmental authorities. On March 24, 2008, the Legislature passed a law applying only to facilities for which a county zoning permit had been approved before April 1, 1985. The...

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