Beta Steel Corp. v. Porter County

695 N.E.2d 979, 1998 Ind. App. LEXIS 795, 1998 WL 272790
CourtIndiana Court of Appeals
DecidedMay 29, 1998
DocketNo. 37A03-9709-CR-329
StatusPublished
Cited by1 cases

This text of 695 N.E.2d 979 (Beta Steel Corp. v. Porter County) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beta Steel Corp. v. Porter County, 695 N.E.2d 979, 1998 Ind. App. LEXIS 795, 1998 WL 272790 (Ind. Ct. App. 1998).

Opinion

OPINION

BAKER, Judge.

Appellant-defendant Beta Steel Corporation (Beta Steel) brings this interlocutory appeal from the trial court’s order denying its motion for judgment on the pleadings. Specifically, Beta Steel contends that the trial court should have entered judgment in its favor and against appellee-plaintiff Porter County because the county lacked jurisdiction to enforce the provisions of an ordinance against Beta Steel.

[981]*981 FACTS

Beta Steel is a corporate resident of the city of Portage, Indiana, which is located in Porter County. On March 5, 1990, the Porter County Board Of Commissioners enacted an ordinance (Lock Box Ordinance) requiring corporations that use, store, handle or dispose of hazardous toxic substances within the county to install and maintain a lock box containing an Emergency Action Plan for county personnel to follow in the event of an industrial accident.

On March 27, 1996, an explosion occurred at Beta Steel. During an investigation conducted by Porter County emergency personnel, it was discovered that Beta Steel was in violation of the ordinance because it had failed to install and maintain a lock box on the premises. As a result, Porter County issued a multiple-count citation against Beta Steel, seeking to impose fines for the violations. In response to the citations, Beta Steel claimed that it was not subject to the provisions of the Lock Box Ordinance because there was no express statutory authority allowing the county to enforce the ordinance against city residents for alleged violations that had occurred within the city’s boundaries.

On September 27, 1996, Beta Steel filed a motion for judgment on the pleadings pursuant to Ind. Trial Rule 12(C), alleging that it was entitled to judgment as a matter of law because the county lacked jurisdiction to enforce the Lock Box Ordinance against it. Following a hearing on April 21, 1997, the trial court denied Beta Steel’s motion. Thereafter, the trial court certified its interlocutory order denying Beta Steel’s motion for judgment on the pleadings. On October 1, 1997, this court granted Beta Steel’s petition for leave to appeal from the interlocutory order.

DISCUSSION AND DECISION

I. Standard Of Review

We initially observe that Porter County did not file an appellate brief. When the appellee fails to file a brief on appeal, it is within our discretion to reverse the trial court’s decision if the appellant makes a pri-ma facie showing of reversible error. Phegley v. Phegley, 629 N.E.2d 280, 282 (Ind.Ct.App.1994), tram, denied. Prima facie error is error which occurs at first sight, on first appearance, or on the face of it. Johnson Co. Rural Elec. Membership Corp. v. Burnell, 484 N.E.2d 989, 991 (Ind.Ct.App.1985). However, when an appellant is unable to meet this burden, we will affirm. Blair v. Emmert, 495 N.E.2d 769, 771 (Ind.Ct.App.1986), trans. denied. Moreover, it is within our discretion to decide a case on the merits. In re Marriage Of Hollingsworth, 671 N.E.2d 165, 166-67, n. 2 (Ind.Ct.App.1996).

A motion pursuant to T.R. 12(C) for judgment on the pleadings may properly be granted only where there are no genuine issues of material fact. Gregory and Appel, Inc. v. Duck, 459 N.E.2d 46, 49 (Ind.Ct.App.1984). For purposes of appellate review, the moving party is deemed to have admitted well-pleaded facts in favor of the nonmovant, and this court will draw all reasonable inferences in favor of the non-movant. Alonso v. City of Hammond, 648 N.E.2d 1221, 1224 (Ind.Ct.App.1995), trans. denied.

II. Applicability Of County Ordinance To Beta Steel

Beta Steel argues that Porter County is prohibited from exercising authority over the city of Portage and its residents because it has not been expressly authorized to do so by the legislature. Specifically, Beta Steel contends that Porter County’s effort to impose the Lock Box Ordinance upon Beta Steel, a corporate citizen of Portage, constitutes an impermissible interference of the city government by the county. As Beta Steel asserts that no statute specifically provides that one government unit may require another to comply with its ordinances, it urges that the Home Rule Act1 bars the county from enforcing the provisions of the Lock Box Ordinance against it because Beta Steel is a city resident.

In order to resolve this issue, we initially turn to the policies and intent behind the [982]*982provisions of our Home Rule Act. The Home Rule Act has abrogated the traditional rule that local governments possessed only those powers expressly authorized by statute and has declared that- a local government possesses “all other, powers necessary or desirable in the conduct of its affairs ...” I.C. § ■ 36-l-3-4(b)(2). Specifically, a county may exercise any power it has to the- extent that the power is not expressly denied by the Indiana Constitution or by statute and is not granted to another entity. I.C. § 36-1-3-5. Cities and counties are each granted the broad authority to regulate conduct that might endanger the public health, safety, or welfare. I.C. § 36-8-2-4. With the exception of certain functions expressly reserved for municipality regulation,2 the areas “inside the boundaries of a county comprises its territorial jurisdiction.” I.C. § 36-1-3-9.

In support of its argument that the Lock Box Ordinance may not be enforced against it, Beta Steel relies on Town of Merrillville v. Merrillville Conservancy Dist., 649 N.E.2d 645 (Ind.Ct.App.1995), trans. denied. In Town Of Merrillville, the city adopted an ordinance creating its own sanitation department. Id. 648. The conservancy district contended that the ordinance violated the Home Rule Act because the power to provide sewer services had already been granted to it under I.C. § 13-3-3-2(a)(5)3, and, therefore, the town was precluded from exercising those same powers. This court agreed and held that because the conservancy district had been granted specific powers under the statute to provide for sewage disposal, the town of Merrillville was precluded from exercising conflicting powers under the Home Rule Act. Id. at 652.

Unlike the circumstances presented in Town Of Merrillville, the city of Portage has not been granted specific powers by our legislature to enact ordinances pertaining to the safety issues and requirements addressed in the Porter County Lock Box ..Ordinance. Further, there is no evidence that Portage has a corresponding or conflicting lock box ordinance. As a result, Town Of Memllville does not apply to the instant case. Rather, we find that the holding in City Of Crown Point v. Lake County,

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695 N.E.2d 979, 1998 Ind. App. LEXIS 795, 1998 WL 272790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beta-steel-corp-v-porter-county-indctapp-1998.