State Ex Rel. Stream Pollution Control Board v. Town of Wolcott
Indiana Court of Appeals
1Opinion of the Court
BUCHANAN, Chief Judge.
CASE SUMMARY
The Stream Pollution Control Board (Board) appeals from the trial court’s refusal to enter an injunction ordering the Town of Wolcott (Wolcott) to either cover or remove refuse from an open dump, the Board claiming the trial court abused its discretion.
We reverse and remand.
FACTS
Wolcott operated and maintained an open dump which was used by the public from 1950 until 1978. The Board was notified in 1978 of the existence of the dump and after inspecting the site discovered a large amount of refuse, including junk cars, refrigerators, stoves, cement, asphalt,…
2Cases cited21 opinions
- Thornton Ex Rel. Thornton v. PenderIndiana Supreme Court · 1978
- McFarlan v. Fowler Bank City Trust Co.Indiana Supreme Court · 1938
- In Re the Marrage of MilesIndiana Court of Appeals · 1977
- Indiana State Department of Welfare v. StagnerIndiana Court of Appeals · 1980
- Livingston v. Consolidated City of IndianapolisIndiana Court of Appeals · 1979
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3Cited by14 opinions
- Common Council of Peru v. Peru Daily Tribune, Inc.Indiana Court of Appeals · 1982
- Baker v. StateIndiana Court of Appeals · 1985
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- Indiana High School Athletic Ass'n v. SchaferIndiana Court of Appeals · 1992
- Sullivan v. DayIndiana Court of Appeals · 1996
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