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Northside Sanitary Landfill, Inc. v. Dodd

Citation: 12 ELR 21048
No. No. C82-84, (Ind. Cir. Ct., 04/24/1982)

The court declares that a county ordinance imposing licensing and inspection requirements and a taxing scheme on hazardos wastes transported through and disposed of within Boone County, Indiana is unconstitutional and preempted by state law. The court rules that the ordinance places an undue burden upon the transportation and flow of wastes in interstate commerce. It also rules that the ordinance violates a state law prohibiting, in the absence of express statutory authority, local regulation of conduct that is regulated by a state agency. The Environmental Management Board is expressly authorized, pursuant to the Hazardous Waste Act, to regulate the transportation, treatment, storage, and disposal of hazardous wastes generated in or transported into the state. In addition, the court rules that the charges established by the ordinance constitute an unauthorized imposition by a locality of a tax upon the transportation and disposal of hazardous wastes. Finally, the court rules that several of the ordinance's provisions effectively deny the owners of a county landfill site the vested use of their property and deprive them of its authorized use without just compensation in violation of the Fourteenth Amendment.

Counsel for Plaintiff
Warren D. Krebs
Parr, Richey, Obremskey & Morton
225 W. Main St., Lebanon IN 46052
(317) 482-0110

Counsel for Defendants
Michael J. Andreoli, County Attorney
Donaldson, Andreoli & Truitt
129 N. Meridian, Lebanon IN 46052
(317) 482-0710