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PEABODY COAL CO. v. DEPT. OF NATURAL RESOURCES

No. 28A05-9203-CV-72.

606 N.E.2d 1306 (1992)

PEABODY COAL COMPANY, Appellant-Petitioner, v. INDIANA DEPARTMENT OF NATURAL RESOURCES, Appellee-Respondent.

Court of Appeals of Indiana, Fifth District.

Publication Ordered December 23, 1992.

Attorney(s) appearing for the Case

David R. Joest, Peabody Coal Co., Henderson, KY, for appellant-petitioner.

Linley E. Pearson, Atty. Gen., Myra P. Spicker, Deputy Atty. Gen., Indianapolis, for appellee-respondent.

BARTEAU, Judge.

Peabody Coal Company ("Peabody") appeals the judgment of the trial court affirming a decision of the Administrative Law Judge ("ALJ") of the Indiana Department of Natural Resources ("DNR"). Peabody raises two issues on appeal:

1. Whether the administrative agency determination was of a technical nature that should be accorded deference on review; and 2. Whether Peabody was required by Ind. Code 4-21.5-3-14(c) to prove that the best...

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