Great Lakes Transfer, LLC v. Porter County Highway Department
2011 Ind. App. LEXIS 1284
Ind. Ct. App.2011Background
- Great Lakes Transfer, LLC and the Kalethas own property on County Line Road near the Porter–LaPorte county line and seek a driveway permit to serve a proposed solid waste transfer station.
- Porter County Highway Department denied multiple driveway permit applications (2005 and later) citing safety, overweight trucks, design, and permitting concerns.
- Porter County Board governs road rights-of-way and, via Ordinance 12.004.510, designates the Highway Department as the sole agency for driveway permit determinations within the county’s road system.
- IDEM issued a permit for the transfer facility in November 2005; Porter County challenged or considered this permit in related administrative proceedings.
- The trial court granted Porter County summary judgment, determining the denial decisions were discretionary and not subject to judicial review, leading to this appeal.
- Indiana Court of Appeals ultimately held the Highway Department’s review was discretionary, not a judicial act, and affirmed dismissal for lack of subject matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had subject matter jurisdiction to review the Highway Department’s denial of driveway permits | Great Lakes Transfer argues the approvals were ministerial and subject to review | Porter County contends the decision was discretionary and not reviewable | Yes, trial court lacked subject matter jurisdiction; decision was discretionary and not reviewable |
Key Cases Cited
- Lincoln v. Board of Commissioners of Tippecanoe County, 510 N.E.2d 716 (Ind. Ct. App. 1987) (only judicial decisions of the county board are appealable; administrative/legislative/discretionary acts are not reviewable)
- Equicor Development, Inc. v. Westfield-Washington Twp. Plan Comm., 758 N.E.2d 34 (Ind. 2001) (plan commission decisions may be ministerial when standards are met; not applicable here to a highway permit review)
- Knutson v. State ex rel. Seberger, 239 Ind. 656, 157 N.E.2d 469 (1959) (when a plat complies with statutory standards, approval is ministerial and mandatory; distinguishable from discretionary driveway review)