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INDIANA AIR POLLUTION v. CITY OF RICHMOND

No. 4-1281A220.

443 N.E.2d 1262 (1983)

INDIANA AIR POLLUTION Control Board; Indiana Environmental Management Board; Secretary of State; Governor; the Attorney General, and the Indiana Legislative Council, Appellants (Defendants below), v. CITY OF RICHMOND, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied March 7, 1983.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Harry John Watson, III, Deputy Atty. Gen., Indianapolis, for appellants.

Edward Anderson, City Atty., Richmond, Paul Hirsch, Stan B. Hirsch, Haymaker, Hirsch & Fink, Indianapolis, for appellee.

CONOVER, Judge.

The Indiana Air Pollution Control Board (Board) appeals the trial court's entry of summary judgment in favor of the City of Richmond (City).

We reverse.

ISSUES1

1. Did the trial court err in holding the Board's action classifying Wayne Township a "nonattainment" area was an adjudication?

2. Did the trial court err in holding the City had standing...

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