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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.
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.