Town of Dyer v. Monaldi

Concurring And Dissenting Opinion.

Jackson, J.

— I dissent to that part of the majority opinion reading as follows:

*591“Admittedly, such ‘plans for installation’ were not approved by either the Indiana State Board of Health or the Superintendent of the Dyer Municipal Water Utility, and there is evidence that if such plans were submitted they would not be approved by the State Board of Health.”

Title III, §4-3 of the ordinance reads as follows:

“3. Sewers: The subdivider shall provide the subdivision with a complete Sanitary Sewer System which shall connect with a sanitary sewer outlet, or provide for…