PEABODY COAL CO. v. INDIANA DNR

No. 77A01-9307-CV-233.

629 N.E.2d 925 (1994)

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

Court of Appeals of Indiana, First District.

Rehearing Denied April 25, 1994.


Attorney(s) appearing for the Case

David R. Joest, Henderson, KY, for appellant-petitioner.

Pamela Carter, Atty. Gen., Myra P. Spicker, Deputy Atty. Gen., Dept. of Natural Resources, Indianapolis, for appellee-respondent.


ROBERTSON, Judge.

The Peabody Coal Company appeals the trial court's decision to grant relief on the petition of the Indiana Department of Natural Resources [DNR] for judicial review of the decision of the Administrative Law Judge [ALJ] of the Natural Resources Commission [NRC] to vacate the DNR's Notice of Violation [NOV] against Peabody. The DNR had issued the NOV against Peabody because an inspection revealed that its Hawthorn strip coal mine was in violation of...

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