City of Gary v. Stream Pollution Control Board

MILLER, Judge.

The City of Gary (City) appeals the trial court’s issuance of a preliminary injunction mandating either its compliance with an agreed order entered into with the Stream Pollution Control Board (Board) governing the operation of a certain solid waste disposal site (otherwise referred to herein as “sanitary landfill”) or their cessation of the operation of such site in a manner which does not comply with the agreed order pending final hearing. The City argues the State of Indiana, through the Board, is es-topped from enforcing the order due to the State’s refusal, through the…