ANDERSON, Ind. — The Killbuck Concerned Citizens Association has filed an appeal of a recent decision by Marion County Superior Court Judge Michael Keele who ruled that Senate Bill 43, passed by the Indiana Legislature and signed by the governor, was in violation of Indiana’s constitution.
The legislation would have required proposed landfills that obtained local zoning approval prior to 1985, and which met certain other criteria, to return to the local zoning authorities for a review of the appropriateness and legality of the landfill under current zoning law.
Bill Kutschera, director of the KCCA, also said the group is appealing the Indiana Department of Environmental Management’s issuance of a landfill permit to JM Corp.
Kutschera said that several times IDEM has not wanted to issue a permit to JM Corp. but was ordered to do so by a court.
“IDEM is not thrilled to issue a permit,” said Kutschera.
Ralph Reed, owner of JM Corp., said he expected the appeals.
“They won’t win,” he said. “We have met all the rules and regulations the other 35 landfills in Indiana have operated under,” said Reed.
According to a KCCA press release, Senate Bill 43 would have required JM Corp., which obtained approval from the Madison County Board of Zoning Appeals in 1981, to return to that body for current approval of the proposed dump. A public hearing before the BZA would have enabled the residents of Madison County to appear and raise important concerns over the location and consequences of the dump after the passage of nearly three decades since it was first proposed.
“The KCCA is vigorously pursuing an appeal of the recent court ruling in the belief that Senate Bill 43 will be determined to be constitutional,” said Kutschera in the press release.
“A successful appeal will ensure that the law adopted by the Indiana Legislature will in fact provide the citizens of Anderson and Madison County with the protections intended by the legislature, including the safeguarding of our health, safety and general welfare.
“Our resolve has not flagged, and we’ll continue to fight this thing,” said Kutschera.
“They’ll be going to the appellate court, and we’ve never lost there,” said Reed. “I’ve got faith in the judicial system. This is a country of laws and we followed those laws.”
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Landfill opponents file appeal of judge's decision
JM Corp. owner says KCCA won't win
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