HUNTINGBURG v. PHOENIX NATURAL RESOURCES

No. 19A01-9307-CV-246.

625 N.E.2d 472 (1993)

City of HUNTINGBURG, Indiana, Appellant-Plaintiff, v. PHOENIX NATURAL RESOURCES, Inc., Appellee-Defendant.

Court of Appeals of Indiana, First District.

December 9, 1993.


Attorney(s) appearing for the Case

Phillip C. Schneider, Schneider, Lett & Shaneyfelt, Huntingburg, for appellant-plaintiff.

Robert R. Clark, Richard S. Fitts, Lowe, Gray, Steele & Hoffman, Indianapolis, for appellee-defendant.


BAKER, Judge.

May a trial court consider evidence of an Indiana legislator's interpretation of an unambiguous statute? The appellant-plaintiff City of Huntingburg, Indiana (City) appeals the trial court's denial of a preliminary injunction to enjoin the coal mining operations of the appellee-defendant Phoenix Natural Resources, Inc. (Phoenix).

ISSUES

The parties raise the following issues on appeal:

1. Should the appeal be dismissed...

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