ELR Citation: ELR 20862
No(s). 2-581 A143 (Ind. Ct. App. Mar 30, 1982)

The appellate court rules that the trial court had the authority pursuant to the Environmental Management Act and the Refuse Disposal Act to order appellee either to cover or to remove refuse at an open dump site. The appellate court holds, contrary to the decision of the lower court, that the two statutes prohibit the passive continued operation of an open dump and expressly permit imposition of mandatory relief. Therefore, the court rules that the trial court had the power to order abatement of the open dump and that its failure to do so was erroneous and an abuse of discretion.

Counsel for Appellant
Linley E. Pearson, Attorney General; Mary Ann Habeeb
219 State House, Indianapolis IN 46204
(317) 232-6201

Counsel for Appellee
Terry L. Smith
Dellinger, Dellinger & Smith
114 Court St., Monticello IN 47960
(219) 583-5128

SULLIVAN and SHIELDS, JJ., concur.