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IND. DEPT. OF ENVIRONMENTAL MGT. v. AMAX, INC.

No. 29A02-8804-CV-00140.

529 N.E.2d 1209 (1988)

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND THE WATER POLLUTION CONTROL BOARD, Defendants-Appellants, v. AMAX, Inc. (through Amax Coal Company, a Division); Cumberland Leasing Company; State Street Bank and Trust Company, and Squaw Creek Coal Company, Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

November 2, 1988.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Lee Cloyd, Deputy Atty. Gen., Indianapolis, for defendants-appellants.

G. Daniel Kelley, Jr., Barton T. Sprunger, Ice Miller Donadio & Ryan, Indianapolis, for plaintiffs-appellees.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

State agency appeals from judgment in favor of taxpayer coal company in an action for allowance of certain personal property tax exemptions. We affirm.

FACTS

AMAX is a corporation engaged in the business of coal mining. In 1986, AMAX1 timely filed Business Tangible Personal Property Tax Returns with the appropriate township assessors, and also filed claims

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