DEPT. OF NATURAL RES. v. PEABODY COAL

No. 87A05-9402-CV-53.

654 N.E.2d 289 (1995)

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

Court of Appeals of Indiana.

July 28, 1995.


Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., Myra P. Spicker, Deputy Atty. Gen., Indianapolis, for appellant.

David R. Joest, Peabody Coal Co., Henderson, KY, for appellee.


OPINION

RUCKER, Judge.

The Department of Natural Resources issued a citation to Peabody Coal Company for alleged violations of certain provisions of the Indiana Surface Mining Control and Reclamation Act. An Administrative Law Judge affirmed the violations and on review the trial court set aside the decision. The DNR now appeals raising five issues which we consolidate and rephrase as follows:

1) Did the trial court err in determining the ALJ misconstrued...

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