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> Transfer station being appealed
Southsider2k12
post Sep 10 2007, 09:55 AM
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http://thenewsdispatch.com/main.asp?Sectio...amp;TM=41914.51

QUOTE
Communities To Appeal Ruling On Transfer Station
IDEM permit allowed, but entities say it needs to be looked at by the state Court of Appeals.

Jason Miller
The News-Dispatch

MICHIGAN CITY - La Porte and Porter counties, as well as Beverly Shores and Pines, will appeal a court's decision allowing an IDEM permit for a proposed waste transfer station.

That appeal is being launched after a Marion County judge threw out a claim that the court erred in allowing the permit.

"All parties are intent that this needs to be reviewed by the Court of Appeals," La Porte County Attorney Shaw Friedman said Friday.

Marion County Judge Michael Keely this week alerted attorneys that he'd dismissed a motion made, in part, by Friedman, asking him to correct errors municipal officials thought were made in court.

The entities joined forces more than a year ago to fight the planned construction of a waste transfer station on County Line Road just south of Earl Road.

IDEM gave Great Lakes Transfer LLC a permit to build the facility, as did La Porte County. Porter County, which controls County Line Road, maintains it will refuse to allow Great Lakes to build a driveway connecting to the road, and it will not lower weight restrictions on the road.

The case has been slogging along in environmental and state courts for more than a year against Great Lakes and Jayco Recycling owner Sean Bleiden.

Bleiden's Indianapolis attorney, David Pippin, said Friedman and the other attorneys involved have 30 days to file an appeal.

"Our position is, the judge didn't make any mistakes and apparently he felt the same way," Pippin said. "These things give the judge a chance to look more carefully at the proceedings and records so far. Some times a judge will agree with the motion, but this time that didn't happen."

Friedman said he isn't surprised at the judge's decision.

"You always hope the trial court will go back and look at the issues," he said. "One can always hope. Our remedy is to file an appeal."



Contact Jason Miller at jmiller@thenewsdispatch.com.
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Southsider2k12
post Jun 16 2008, 12:45 PM
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http://www.thetimesonline.com/articles/200...467000cef5b.txt

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Permit for trash station near Mount Baldy upheld

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BY PATRICK GUINANE
pguinane@nwitimes.com
317.637.9078 | Friday, June 13, 2008 | 12 comment(s)

INDIANAPOLIS | A stalled attempt to build a garbage transfer station near the Indiana Dunes National Lakeshore got a boost Thursday from the Indiana Court of Appeals, but the legal battle isn't over.

The appeals court ruled against the commissioners of LaPorte and Porter counties, as well as Beverly Shores and Town of Pines officials, who are fighting the state environmental permit Great Lakes Transfer LLC received in 2005. The company, which wants to build a 5-acre waste transfer site off County Line Road, applauded the ruling.

"We're absolutely pleased, and we think it's a step in the right direction," said Amy Romig, an attorney for the Michigan City-based company. "We're pleased with the decision, and we do plan to do whatever we need to do to go forward with the project."

The proposed facility, which would temporarily store trash awaiting transport to landfills or treatment facilities, would be located on the edge of LaPorte County, about a half mile south of Mount Baldy, the mammoth sand dune that towers 126 feet above Lake Michigan.

"We don't think that a waste transfer station is appropriate just a couple thousand yards from the entrance to the national park," said Shaw Friedman, an attorney for LaPorte County.

Great Lakes Transfer won permit approval from the Indiana Department of Environmental Management, or IDEM, despite the objections of Porter County officials, who have refused to grant the company a driveway permit. Porter County controls the right of way on County Line Road, which runs north-south between Porter and LaPorte counties.

Local officials in both counties contend the lack of a driveway permit should have blocked IDEM from issuing a permit. The Indiana Office of Environmental Adjudication rejected that argument, leading to unsuccessful appeals in Marion County Superior Court and now the state appeals court.

"The judge's decision confirms what IDEM strives for, which is to ensure permit applicants comply with all regulations," IDEM spokeswoman Amy Hartsock said Thursday. "The IDEM permit doesn’t supersede requirements that might be necessary at the local level."

Friedman said LaPorte County officials have refused to issue Great Lakes Transfer a building permit until Porter County grants driveway access. He said that issue remains pending in LaPorte County Superior Court.

"We lost this battle, but the war is not over," said Clay Patton, an attorney for Beverly Shores and the town of Pines.

Patton and Friedman said they will meet with their clients to discuss appealing the case to the Indiana Supreme Court or requesting a rehearing from the appeals court.
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Dave
post Jun 16 2008, 09:21 PM
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Is my memory failing me? Didn't our mayor support this venture initially because it would allegedly create about six jobs, then do an about face when the citizens group (can't recall the name) started protesting?

I still can't really figure out how this thing has gotten as far as it has. Didn't Jayco go out of business or declare bankruptcy or something at some point?
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Roger Kaputnik
post Jun 17 2008, 09:56 AM
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Dennis Metheny of Coolspring Twp. fame said on WIMS this morning that this is just a way to get the thing going and then a big company will buy it out. This "developer" is just trying to cash in. And he reminded us that the Mayor wrote a letter supporting this dump. Let's get this letter on the board.


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Southsider2k12
post Jun 17 2008, 11:48 AM
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http://thenewsdispatch.com/main.asp?Sectio...ArticleID=14790

QUOTE
Court Sides With Transfer Station
County official vows to take fight to state Supreme Court.

Laurie Wink
The News-Dispatch

MICHIGAN CITY - Sean Blieden, owner of Great Lakes Transfer LLC, said he plans to keep working toward opening a waste transfer station after the Indiana Court of Appeals ruled in his favor.

"I'm very pleased with the outcome," Blieden said. "It's a fight worth fighting."

For more than three years, Blieden has fought legal battles against those wanting to prevent the five-acre facility from locating close to Mount Baldy along County Line Road.

The opposition claims trash hauling trucks could be a potential blight on valuable environmental resources.

Blieden received a permit for the transfer station from the Indiana Department of Environmental Management in 2005. IDEM's decision was appealed by La Porte and Porter counties and the towns of Beverly Shores and Pines. After more than a year of legal wrangling, a state environmental law judge dismissed the appeals in September 2006.

Undeterred, the anti-transfer station groups took their case to the Indiana Court of Appeals, where they lost again Thursday.

La Porte County Attorney Shaw Friedman said he will meet with county officials to discuss a possible appeal to the Indiana Supreme Court. County Commissioner Mike Bohacek feels strongly about continuing.

"We're going to fight them," Bohacek said. "It's a bad location, too close to a sensitive natural area. It doesn't belong on a septic system."

Blieden's progress has been blocked by Porter County, where officials have denied him a driveway permit needed to establish the transfer station. The chosen location is on a north-south road that serves as the dividing line between La Porte and Porter counties. Porter County has jurisdiction over the driveway permit, while La Porte County has the authority to grant a zoning variance.

Contact Laurie Wink at lwink@thenewsdispatch.com.
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Roger Kaputnik
post Jun 17 2008, 12:17 PM
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Can La Porte Co. STILL grant or not grant a variance? Exactly where is this site?


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JHeath
post Jun 17 2008, 12:38 PM
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QUOTE(Roger Kaputnik @ Jun 17 2008, 10:56 AM) *

Roger Metheny of Coolspring Twp. fame said on WIMS this morning that this is just a way to get the thing going and then a big company will buy it out. This "developer" is just trying to cash in. And he reminded us that the Mayor wrote a letter supporting this dump. Let's get this letter on the board.

Do you mean Dennis Metheny, the Coolspring Twp Trustee?
Good luck getting a copy of that letter. I'm sure that has long since been destroyed.
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ChickenCityRoller
post Jun 17 2008, 01:17 PM
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I've grown up on the beach and the water. I'm an avid sailer and love pushing my little Laser out in the water on a good windy day. One of the great things about the winds here in the summer is that when it blows hard, it's often an offshore breeze which causes the lake to sit down and is basically perfect for sailing. I can only imagine what tourists (yes there are still people who come to the region for recreation) are going to think on a 90 degree day with 20mph winds out of the south. Isn't that going to get kinda smelly? Heck, I can smell the Bakery (that smell I like) while out on the lake on certain days.


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edgeywood
post Jun 17 2008, 02:54 PM
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QUOTE(Roger Kaputnik @ Jun 17 2008, 01:17 PM) *

Can La Porte Co. STILL grant or not grant a variance? Exactly where is this site?


It didn't need a variance, only a special exception. The LaPorte County BZA granted that in 2004.
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Dave
post Jun 17 2008, 03:12 PM
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QUOTE(edgeywood @ Jun 17 2008, 03:54 PM) *

It didn't need a variance, only a special exception. The LaPorte County BZA granted that in 2004.

Can that be revoked?
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Southsider2k12
post Jun 17 2008, 05:49 PM
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QUOTE(Dave @ Jun 17 2008, 04:12 PM) *

Can that be revoked?


MC is a in a lawsuit over that very samething right now...
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edgeywood
post Jun 17 2008, 08:23 PM
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QUOTE(Dave @ Jun 17 2008, 04:12 PM) *

Can that be revoked?


Not likely...the BZA had the chance to revoke it in 2007.... see below. (The rest of the article is in the " I want to have a garbage dump on my backyard" thread)


"By a 3-0-1 vote, the board agreed to continue the special exception until a driveway permit is obtained, and gave Great Lakes 30 days after all permits are in hand to apply for a building permit from LaPorte County. Voting in favor of the motion were Dwayne Hogan, Ed Kogut and Paul Zona. Melissa Mischke abstained."



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edgeywood
post Jun 17 2008, 08:35 PM
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QUOTE(southsider2k7 @ Jun 17 2008, 06:49 PM) *

MC is a in a lawsuit over that very samething right now...



Not exactly....The lawsuit appealed IDEM's granting of the permit. That's over unless they take it to the state Supreme Court.

What is still in question is whether Porter County will grant them a driveway permit. Even though the proposed facility is in LaPorte County, Porter County controls County Line Rd. So far, they have refused the permit request. So, Porter County will be sued by the garbage fanboys.

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edgeywood
post Jun 17 2008, 08:47 PM
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QUOTE(Roger Kaputnik @ Jun 17 2008, 10:56 AM) *

Roger Metheny of Coolspring Twp. fame said on WIMS this morning that this is just a way to get the thing going and then a big company will buy it out. This "developer" is just trying to cash in. And he reminded us that the Mayor wrote a letter supporting this dump. Let's get this letter on the board.



Here it is, along with the letter of "questionable authenticity". Attached File  Oberlie_Harmon_.pdf ( 207.44k ) Number of downloads: 306


"A letter of questionable authenticity supporting a waste-transfer station on County Line Road was stricken from the record during a hearing Wednesday in Indianapolis.

LaPorte County Attorney Shaw Friedman argued that County Commission President Marlow Harmon never wrote the letter to the Indiana Department of Environmental Management to support a waste-transfer station by Great Lakes Transfer"
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Dave
post Jun 17 2008, 10:10 PM
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QUOTE(edgeywood @ Jun 17 2008, 09:47 PM) *

Here it is, along with the letter of "questionable authenticity". Attached File  Oberlie_Harmon_.pdf ( 207.44k ) Number of downloads: 306


"A letter of questionable authenticity supporting a waste-transfer station on County Line Road was stricken from the record during a hearing Wednesday in Indianapolis.

LaPorte County Attorney Shaw Friedman argued that County Commission President Marlow Harmon never wrote the letter to the Indiana Department of Environmental Management to support a waste-transfer station by Great Lakes Transfer"

Well, technically Friedman is right, as least in regards to the Harmon letter in the attachment -- seeing as the Harmon letter is addressed to Blieden, not the IDEM.

The other letter, on what appears to be Michigan City letterhead from Oberlie, well, I wonder if they're contesting the authenticity of that one too. I seem to remember reading about that one in the News Dispatch.

Oh, here it is --

QUOTE
Publish Date: February 27, 2004
Word Count: 690
Document ID: 11A72FD81E7E2AE8

Rick A. Richards, City Editor

After the Solid Waste District of LaPorte County rejected a request by Jayco to build a transfer station on County Road 300 North this week, owner Sean Blieden might want to know he still has an option.

LaPorte County Commissioner Marlow Harmon was one of only two people to vote for Jayco's proposal. (Michigan City Mayor Chuck Oberlie was the other.)


Might not be a letter, but Oberlie voted for the waste transfer station in his role of member of the Solid Waste District Board.
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edgeywood
post Jun 18 2008, 07:33 AM
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QUOTE(Dave @ Jun 17 2008, 11:10 PM) *

Well, technically Friedman is right, as least in regards to the Harmon letter in the attachment -- seeing as the Harmon letter is addressed to Blieden, not the IDEM.

The other letter, on what appears to be Michigan City letterhead from Oberlie, well, I wonder if they're contesting the authenticity of that one too. I seem to remember reading about that one in the News Dispatch.

Oh, here it is --
Might not be a letter, but Oberlie voted for the waste transfer station in his role of member of the Solid Waste District Board.



Both letters were included in the application for the IDEM permit. A copy of the permit was provided by IDEM for review (prior to the public hearing) at the Michigan City Library. IIRC, both letters went missing from the library copy.
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Southsider2k12
post Jun 18 2008, 07:42 AM
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QUOTE(edgeywood @ Jun 18 2008, 08:33 AM) *

Both letters were included in the application for the IDEM permit. A copy of the permit was provided by IDEM for review (prior to the public hearing) at the Michigan City Library. IIRC, both letters went missing from the library copy.


Wow. Maybe Michelle has some info there from the inside?
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Roger Kaputnik
post Jun 18 2008, 08:16 AM
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By gad, it IS Dennis, not Roger, Metheney. I will go edit.


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Roger Kaputnik
post Jun 18 2008, 08:19 AM
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The La Porte Co. seems to ok the special permit if the driveway is ok'd by Porter Co. Why don't they put a time limit on it, say 60 days, and then it will 'sunset.'


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edgeywood
post Jun 18 2008, 02:49 PM
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QUOTE(Roger Kaputnik @ Jun 18 2008, 09:19 AM) *

The La Porte Co. seems to ok the special permit if the driveway is ok'd by Porter Co. Why don't they put a time limit on it, say 60 days, and then it will 'sunset.'


Because LaPorte County, or some powerful folks in LaPorte County want the transfer station, they just want to give the appearance of opposition? or is it just my cynical nature?
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