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IND. AIR POLLUTION CONT. v. CITY OF RICHMOND

No. 1283S472.

457 N.E.2d 204 (1983)

INDIANA AIR POLLUTION CONTROL BOARD; INDIANA ENVIRONMENTAL MANAGEMENT BOARD; SECRETARY OF STATE; GOVERNOR; THE ATTORNEY GENERAL, and the Indiana Legislative Council, Appellants, v. CITY OF RICHMOND, Appellee.

Supreme Court of Indiana.

Rehearing Denied February 20, 1984.

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.

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Indiana Court of Appeals. The City of Richmond (City) brought action against the Indiana Air Pollution Control Board (APCB) seeking to prevent final promulgation of the "rule" classifying Wayne township as a "nonattainment" area. The Wayne Circuit Court entered summary judgment in favor of the City. The Court of Appeals, Fourth District, reversed the decision of the trial court. Indiana...

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