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  5. 683 N.E.2d 260 (1997)
 

IRVING MATERIALS v. BOARD OF COM'RS

No. 41A01-9611-CV-372.

683 N.E.2d 260 (1997)

IRVING MATERIALS, INC., Appellant-Plaintiff, v. BOARD OF COMMISSIONERS OF JOHNSON COUNTY and Johnson County Plan Commission, Appellees-Defendants.

Court of Appeals of Indiana.

July 25, 1997.

Attorney(s) appearing for the Case

James N. Scahill, Schnorr, Good, Scahill & Maier, Indianapolis, for Appellant-Plaintiff.

Stephen L. Huddleston, Franklin, for Appellees-Defendants.

OPINION

NAJAM, Judge.

FACTS AND PROCEDURAL HISTORY

Irving Materials, Inc. ("IMI") contracted to purchase 100 acres of land from Spencer and Helen V. Richards and bought another 150 acres from John G. Richards. IMI obtained the Johnson County property to excavate the underlying minerals. The property lies adjacent to the White River, and a lake is located near its southern boundary. The Indiana Natural Resources Commission ("NRC") has designated...

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