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INDIANA DNR v. UNITED REFUSE CO.

No. 49A02-9102-CV-58.

598 N.E.2d 603 (1992)

INDIANA DEPARTMENT OF NATURAL RESOURCES AND INDIANA NATURAL RESOURCES COMMISSION, Appellants-Respondents, v. UNITED REFUSE COMPANY, Inc., Appellee-Petitioner, Indiana Division, Izaak Walton League of America, Inc., Intervening Respondent.

Court of Appeals of Indiana, First District.

August 31, 1992.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Mathew S. Scherschel, Deputy Atty. Gen., Indianapolis, for appellants-respondents.

Sue A. Shadley, Donn H. Wray, Plews & Shadley, Indianapolis, for United Refuse Co., Inc.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

The Indiana Department of Natural Resources ("DNR"), through the Indiana Natural Resources Commission ("NRC"),3 appeals from a judgment vacating its order denying United Refuse Company, Inc.'s ("United") request for a floodway construction permit. We reverse and remand.

ISSUES

We restate the issues on appeal as:

1. Did United fail to carry its burden of proof...

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