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Legal Opinion

Hopkins v. Tipton County Health Department

Indiana Court of Appeals

Decided June 4, 2002No. 80A02-0106-CV-359PublishedCited by 14 opinions

1Opinion of the Court

OPINION

MATTINGLY-MAY, Judge.

Paul Hopkins appeals the trial court's decision affirming the suspension by the Tipton County Board of Health ("County Board") of his license to install septic systems. 1 Hopkins raises two issues for our review, one of which we find dispositive: whether the county ordinance under which his license was suspended is. preempted by state regulation. 2

We reverse.

FACTS AND PROCEDURAL HISTORY

On May 21, 1984, the Board of Commissioners of Tipton County adopted Tipton County Ordinance 3-41-10 (the "county ordinance"), entitled "AN ORDINANCE REGULATING THE INSTALLATION,…

2Cases cited6 opinions

  1. Johnson County Rural Electric Membership Corp. v. BurnellIndiana Court of Appeals · 1985
  2. City of New Haven v. ReichhartIndiana Supreme Court · 2001
  3. Blair v. EmmertIndiana Court of Appeals · 1986
  4. Fisher v. BD., MT. PLEASANT TP. COM. SCHOOLSIndiana Court of Appeals · 1986
  5. Holmes v. Bd. of Zoning Appeals of Jasper CountyIndiana Court of Appeals · 1994

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3Cited by14 opinions

  1. Town of Avon v. West Central Conservancy DistrictIndiana Supreme Court · 2011
  2. Indiana Department of Natural Resources v. Newton CountyIndiana Supreme Court · 2004
  3. Indiana Bureau of Motor Vehicles v. McNeilIndiana Court of Appeals · 2010
  4. Richard Thomas v. Indiana Bureau of Motor VehiclesIndiana Court of Appeals · 2012
  5. City of Vincennes v. EmmonsIndiana Court of Appeals · 2004

9 more not listed; retrieve them via the Exa API.

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