City of New Haven v. Chemical Waste Management of Indiana, L.L.C.

Decision Date18 November 1998
Docket NumberNo. 02A03-9606-CV-203,02A03-9606-CV-203
Citation701 N.E.2d 912
PartiesCITY OF NEW HAVEN, Indiana, Appellant, v. CHEMICAL WASTE MANAGEMENT OF INDIANA, L.L.C., Chemical Waste Management, Inc., and WMX Technologies, Inc., Appellees.
CourtIndiana Appellate Court
OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Intervening Plaintiff, the City of New Haven, Indiana ("City"), brings this consolidated appeal of four trial court decisions pursuant to two lower court cause numbers (02C01-9506-CP-642 & 02C01-9506-CP-764) concerning the operation and existence of a landfill, owned and operated by Chemical Waste Management of Indiana, L.L.C. ("CWMI"). The four trial court decisions at issue in this case are: 1) the denial of City's motion for summary judgment on six counts alleging CWMI's violation of several stop work orders and notices of violation (CP-642); 2) the court decision partially granting and partially denying CWMI's motion for summary judgment (CP-642); 3) the court decision partially granting and partially denying CWMI's motion to vacate the Allen County Superior Court's November 27, 1995 order (CP-764); 4) the court decision partially reversing the Allen County Board of Zoning Appeals ("BZA") decision (CP-764). As cross-appellants, Chemical Waste Management of Indiana, L.L.C., Chemical Waste Management, Inc., Waste Management, Inc., and WMX Technologies, Inc. (collectively "CWMI") raise several procedural errors committed by the BZA and not corrected by the trial court as well as several procedural and substantive errors made by the trial court.

We affirm.

ISSUES

The City raises several issues for our review which we consolidate and restate as follows:

1. Whether the trial court erred in ruling that the BZA offended CWMI's constitutional due process rights by imposing the burden of proof on CWMI to disprove the Zoning Administrator's allegations contained in the stop work orders and notices of violation.

2. Whether the trial court erred in finding that a stop work order issued against CWMI was invalid and unenforceable based on vagueness grounds.

CWMI raises several issues on cross-appeal, which we consolidate and restate as:

1. Whether the City's appeal is moot and should be dismissed because this court has already ruled that the trial court did not err in the entry of the agreed judgment. 1

2. Whether the BZA applied the correct standard to review CWMI's appeal of the Zoning Administrator's orders.

3. Whether the trial court erred in denying CWMI summary judgment on the issues of institutional bias of the BZA and personal bias of a BZA member.

4. Whether the trial court abused its discretion in permitting the City to intervene permissively in CP-642 and in holding that CWMI was "conditionally" in violation of the stop work orders.

5. Whether the trial court erred in failing to give res judicata or collateral estoppel effect to the judgment in CP-308 denying the City's application for a temporary restraining order against CWMI.

6. Whether the trial court erred in failing to enter summary judgment for CWMI finding that there was not sufficient factual information to determine whether the landfill constituted a "structure" as a matter of law pursuant to the Allen County Zoning Ordinance ("ACZO"), and in failing to enter summary judgment for CWMI that the 1974 covenants were ultra vires, void ab initio, or otherwise unenforceable as a matter of law.

FACTS AND PROCEDURAL HISTORY

On June 22, 1974, the ACZO was amended to include sanitary landfills as a permitted use in the district of the original site of CWMI's landfill. CWMI's predecessor in interest and then owner of the original site, Amon Brooks (Brooks), applied for a landfill permit. The Allen County Zoning Administrator refused to issue the permit and Brooks appealed at a BZA hearing. On September 17, 1974, the BZA reversed the Zoning Administrator's decision and ordered the Zoning Administrator to issue the permits to Brooks. Together with the BZA decision, Brooks agreed to a set of restrictions on his use of the property, recorded as restrictive covenants. CWMI acquired ownership of the original site on July 2, 1981.

A simplified version of the ensuing complex procedural background was set forth in City of New Haven v. Chemical Waste Management of Indiana, L.L.C., 685 N.E.2d 97 (Ind.Ct.App.1997), trans. dismissed:

CP-308

The parties' relevant involvement with one another began on February 23, 1993 when the City filed its 'Complaint to Enforce Zoning Ordinance and for Declaratory Relief' naming the Allen County Board of Zoning Appeals ("BZA") and CWMI as defendants. The City alleged that CWMI was operating its landfill facility in violation of the Allen County Zoning Ordinance and sought a court order for CWMI to cease operations. During the pendency of the City's zoning enforcement proceedings ('CP-308') [Allen Superior Court Cause No. 02D01-9302-CP-308], and in response to the trial court's initial orders in CP-308, the Allen County Zoning Administrator served several 'stop work orders' on CWMI, after which time CWMI [filed a cross-claim against the BZA and] moved to join the Zoning Administrator as a party [defendant] to the City's zoning enforcement case. In addition to issuing several stop work orders, the Zoning Administrator filed its counterclaim and an application for injunctive relief against CWMI. All parties moved for summary judgment in CP-308. The trial court issued its findings, conclusions, and order granting in part and denying in part CWMI's motion for summary judgment. The relevant portion of the trial court's order stayed all further proceedings 'pending CWMI's exhaustion of administrative remedies before any administrative agencies having primary jurisdiction over CWMI's land use.'

CP-764

Accordingly, CWMI initiated an appeal to the BZA challenging, among other things, the Zoning Administrator's stop work orders. During the pendency of the BZA appeal, the Zoning Administrator issued additional stop work orders, as well as two notices of violation. On April 12 and 24, 1995, the BZA heard CWMI's appeal of the Zoning Administrator's stop work orders and notices of violation. The City appeared at the BZA hearings and urged the BZA to affirm all of the Zoning Administrator's orders. The BZA issued its decisions on May 10, 1995, affirming some of the Zoning Administrator's orders and reversing others.

On June 1, 1995, CWMI filed a petition for writ of certiorari in the trial court challenging those BZA determinations which were adverse to CWMI ('CP-764') [Allen Circuit Court Cause No. 02C01-9506-CP-764]. The City filed its appearance in the certiorari case as a remonstrator. On February 6, 1996, the trial court issued numerous orders which affirmed in part and reversed in part the findings of the BZA. The trial court certified its decision as a final appealable order pursuant to Trial Rule 54(B). Thereafter, the BZA, the Zoning Administrator, and the City initiated [this] appeal of CP-764.

CP-642

During the pendency of the CP-764 certiorari case before the trial court, the BZA filed a verified complaint for injunctive relief, damages, and attorney fees, seeking to enforce those orders of the Zoning Administrator which the BZA had affirmed and which were adverse to CWMI ('CP-642') [Allen Circuit Court Cause No. 02C01-9506-CP-642]. The BZA also sought penalties against CWMI under the Allen County Zoning Ordinance. The City filed a petition to intervene as a plaintiff in the BZA's enforcement action. The trial court granted the City's petition and joined the City as a permissive intervening party in CP-642.

The parties moved for summary judgment in CP-642. On February 6, 1996, at the same time the trial court issued its ruling in CP-764, the trial court [Paul R. Cherry, Special Judge] also issued its ruling in CP-642, granting in part and denying in part CWMI's motion for summary judgment. The BZA, the Zoning Administrator, and the City filed a joint praecipe for appeal of CP-642, [which is this appeal].

Agreed Judgment

On July 19, 1996, the BZA, the Zoning Administrator, and CWMI reached a settlement agreement and subsequently filed motions in CP-308, CP-764 and CP-642 requesting the trial court to enter an agreed judgment in each case. The trial court entered an agreed judgment in each case dismissing all claims with prejudice. The City was not a party to the agreed judgment.

Id. at 99-100.

As a result of the agreement reached between those parties, the BZA and the Zoning Administrator dismissed their appeal of CP-642 and CP-764. The City, now the sole appellant, brings this consolidated appeal of the trial court's rulings in CP-642 and CP-764 while CWMI also brings several issues on appeal as cross-appellant.

DISCUSSION AND DECISION

We will address the City's issues first.

I. Burden of Proof

The City argues that the trial court erred in ruling that the BZA violated constitutional due process when it imposed upon CWMI the burden of proof and the burden of going forward on CWMI's appeal to the BZA of stop work orders issued by the Zoning Administrator. Specifically, the City contends that given the informal nature of BZA hearings, the strict rules as to burden of proof which are imposed in judicial proceedings have no application. We disagree.

The various stop work orders and notices of violation issued by the Zoning Administrator were allegations of violations by CWMI of the ACZO rather than a matter of CWMI seeking a permit, variance, or a special exception. In order to sustain a suit for injunctive relief concerning a violation of a zoning ordinance against the landowners, the moving party must first prove the existence of an applicable ordinance and a violation of that...

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