DNR v. INDIANA COAL COUNCIL, INC.

No. 19S00-8802-CV-263.

542 N.E.2d 1000 (1989)

DEPARTMENT OF NATURAL RESOURCES AND WABASH VALLEY ARCHAEOLOGICAL SOCIETY, Inc. and Council for the Conservation of Indiana Archaeology, Inc., Appellants, v. INDIANA COAL COUNCIL, INC. and Huntingburg Machinery & Equipment Rental, Inc., Appellees.

Supreme Court of Indiana.

August 31, 1989.


Attorney(s) appearing for the Case

Tom C. Huston, David F. Hamilton, Arend J. Abel, Barnes & Thornburg, Indianapolis, for Wabash Valley and Council for The Conservation of Ind. Archaeology, Inc.

Linley E. Pearson, Atty. Gen., Steven J. Szostek, Deputy Atty. Gen., Myra P. Spicker, Indianapolis, for Dept. of Natural Resources.

Mark W. Rietman, Buthod Longest Clark Rietman & Steedman, Evansville, for Huntingburg Machinery & Equipment.

G. Daniel Kelley, Jr., Stephen M. Terrell, Ice Miller Donadio & Ryan, J. Nathan Noland, Indianapolis, for Indiana Coal Council, Inc.


DeBRULER, Justice.

This is an appeal from the Dubois Circuit Court and the determination there that certain provisions of Indiana's version of the Surface Mining Control and Reclamation Act ("SMCRA"), I.C. 13-4.1-1-1, et seq., and regulations promulgated thereunder, 310 I.A.C. 12-2-1, et seq., as applied by the Indiana Department of Natural Resources to land owned by Huntingburg Machinery & Equipment Rental, Inc. ("HUMER") amounted to an unconstitutional taking...

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