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WAGLER v. FORT WAYNE-ALLEN COUNTY DEPT.

No. 02A03-1206-PL-269.

983 N.E.2d 190 (2013)

Henry WAGLER, Barb Wagler, and Henry & Barb Wagler, LP, Appellants-Defendants, v. FORT WAYNE-ALLEN COUNTY DEPARTMENT OF HEALTH, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 31, 2013.

Attorney(s) appearing for the Case

Dale W. Arnett , Winchester, IN, Attorney for Appellants.

Laura L. Maser , Beers Mailers Backs & Salin, LLP, Fort Wayne, IN, Attorney for Appellee.

OPINION

CRONE, Judge.

Case Summary

Henry and Barb Wagler built their home in an unincorporated area of Allen County and had their own septic systems installed. The Fort Wayne-Allen County Department of Health ("the Department") petitioned for injunctive relief and moved for summary judgment, claiming that the Waglers were required to obtain a construction permit from the Department prior to installing their septic systems. The Waglers filed a cross...

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