Legal Opinion

Cooper v. Calandro

Indiana Court of Appeals

Decided November 18, 1991No. 40A01-9012-CV-492PublishedCited by 12 opinions

1Opinion of the Court

BAKER, Judge.

George and Christina Cooper (the Coopers) appeal the grant of a permanent injunction prohibiting them from applying septic waste to their land until approved by the local plan commission and/or board of zoning appeals. We reverse.

FACTS

George Cooper, d/b/a Cooper Septic Tank Service, has been in the business of septic waste disposal for some 85 years. He pumps out septic tanks, cleans sewer lines, and rents portable toilets. Cooper disposes of the sewage he collects either by hauling it to the nearest sewage treatment plant, where he is charged a disposal fee, or by spreading it…

2Cases cited7 opinions

  1. Vanderburgh County Board of Commissioners v. RittenhouseIndiana Court of Appeals · 1991
  2. Day v. RyanIndiana Court of Appeals · 1990
  3. Town of Merrillville Board of Zoning Appeals v. Public Storage, Inc.Indiana Court of Appeals · 1991
  4. Petros v. Superintendent of BuildingsMassachusetts Supreme Judicial Court · 1940
  5. Williams v. SchehlWest Virginia Supreme Court · 1919

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

3Cited by12 opinions

  1. Burk v. Heritage Food Service Equipment, Inc.Indiana Court of Appeals · 2000
  2. OVRS Acquisition Corp. v. Community Health Services, Inc.Indiana Court of Appeals · 1995
  3. Scott v. ScottIndiana Court of Appeals · 1996
  4. Saurer v. Board of Zoning AppealsIndiana Court of Appeals · 1994
  5. Bagko Development Co. v. DamitzIndiana Court of Appeals · 1994

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

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