- Font Size:
- Default font size
- Larger font size
BY BOB KASARDA
bkasarda@nwitimes.com
219.462.5151 | Tuesday, September 20, 2005 | (No comments posted.)
The Indiana Supreme Court has brought an end to plans to build a 354-acre landfill in Porter Township.
The court opted last week not to hear an appeal in the case, which leaves developers with no further options, according to attorney Debra Lynch Dubovich. She represents a group of opponents going by the name of Porter County Residents Opposed to Unhealthy Dumps or PROUD.
The outcome came as great news to Laura Blaney, a County Council member and board member of PROUD who lives a short distance from the targeted landfill site.
"I'm ecstatic," she said.
The Supreme Court offered no explanation for its decision, but Dubovich said she sees it as a reaffirmation of the concept of local control over local issues.
The debate centered on a former county ordinance that allowed for landfills on agriculturally zoned land if a special exception was granted by the board of zoning appeals, she said. The BZA denied the request in this case and thus it never rose to the level of state review of the proposed landfill itself.
"It never got off of the zoning issue," Dubovich said.
The county since has revised its ordinances to limit landfills to industrially zoned land, she said.
Chicago attorney Glenn Sechen, who represented the developers, Lake County Trust Co., could not be reached Monday for comment.
The developers had asked the Indiana Supreme Court to reverse the May state Appellate Court ruling that upheld the local rejection of the proposed landfill at County Roads 550 South and 250 West.
The Porter County Board of Zoning Appeals overstepped its powers and expertise when it rejected the proposed landfill in April 2002, Sechen said at the time.
The approach encroached upon the authority of the state and federal expert agencies charged with regulating landfills, according to the transfer request.
The petition filed by the Lake County Trust challenged the Appellate Court's ruling, which said Porter Superior Judge Bill Alexa was correct in upholding the BZA's rejection of the landfill.
The petition accuses the BZA of applying ad-hoc standards in its decision making in the case.
Back to story No comments posted.
- It wasn't clear, concise or focused on the topic in the story.
- It was a personal attack, vulgar, explicit or degrading, used actual or implied profanity or contained potentially libelous statements.
- It accused someone of being guilty of a crime.
- It promoted violence or illegal acts.
- It contained telephone numbers or street addresses, or e-mail addresses and links to Web sites other than nwi.com or government agencies.
In no way do these comments represent the views of The Times or Lee Enterprises.
Passionate views, pointed criticism and critical thinking are welcome. Name-calling, crude and profane language and personal abuse are not welcome.
Reader comments will not be edited - they will be approved or declined. They may be used in the print edition of the newspaper.
If you feel a posted comment has violated these guidelines, please email our New Media team the commenter's name, the comment and a link to the article.
For more information please read our Terms of Service.