Legal Opinion

City of Hammond v. Red Top Trucking Co., Inc.

Indiana Court of Appeals

Decided August 26, 1980No. 3-578A101PublishedCited by 7 opinions

1Opinion of the Court

YOUNG, Presiding Judge.

Appellee Red Top Trucking Co. challenged the validity of Hammond ordinances no. 3089 and no. 4137. The trial court held, inter alia, that all of the first ordinance and a portion of the second were unconstitutional. We affirm.

On July 1, 1975, Red Top applied to the City of Hammond for a permit to excavate sand. Shell Oil Co. owned the land in question. At the time material to this lawsuit Red Top was negotiating to buy the land. Red Top did not want to complete the purchase without having secured the desired permit. Excavation was an appropriate use of this land under…

2Cases cited23 opinions

  1. Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
  2. City of Mishawaka v. StewartIndiana Supreme Court · 1974
  3. Guardiola v. StateIndiana Supreme Court · 1978
  4. Dortch v. LugarIndiana Supreme Court · 1971
  5. Jacks v. StateIndiana Supreme Court · 1979

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

3Cited by7 opinions

  1. Huffman v. Indiana Office of Environmental AdjudicationIndiana Supreme Court · 2004
  2. American Enka Company, in No. 82-1080 v. Wicaco MacHine Corp. American Enka Company v. Wicaco MacHine Corp., in No. 82-1109Court of Appeals for the Third Circuit · 1982
  3. Burrell v. Lake County Plan CommissionIndiana Court of Appeals · 1993
  4. City of Carmel v. Martin Marietta Materials, Inc.Indiana Supreme Court · 2008
  5. Hughes v. StateIndiana Court of Appeals · 1985

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

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