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PEABODY COAL CO. v. RIDENOUR

No. 67A01-8706-CV-131.

515 N.E.2d 1163 (1987)

PEABODY COAL COMPANY, Appellant (Plaintiff below), v. James M. RIDENOUR, Director Department of Natural Resources and Indiana Natural Resources Commission, Appellees (Defendants below).

Court of Appeals of Indiana, First District.

December 10, 1987.

Attorney(s) appearing for the Case

David R. Joest, Evansville, for appellant.

Linley E. Pearson, Atty. Gen., Myra P. Spicker, Deputy Atty. Gen., Indianapolis, for appellees.

ROBERTSON, Judge.

Appellant-plaintiff Peabody Coal Co. (Peabody) appeals from the judgment of the trial court finding that Peabody needed a permit from appellee-defendant Department of Natural Resources (Department) in order to move a dragline between two permitted sites.

We affirm.

In May, 1985 Peabody moved its 8900 Marion dragline1 and other mining equipment from its closed Dugger mine to its Hawthorn mine, at which...

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