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OEA v. KUNZ

No. 49A02-9812-CV-982.

714 N.E.2d 1190 (1999)

INDIANA OFFICE OF ENVIRONMENTAL ADJUDICATION; Department of Environmental Management, Appellants-Defendants, v. Peter F. KUNZ and Jane Elder Kunz, Appellees-Plaintiffs.

Court of Appeals of Indiana.

August 5, 1999.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General of Indiana, Jon Laramore, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellants.

Larry J. Kane, Katherine L. Shelby, Bingham Summers Welsh & Spilman, Indianapolis, Indiana, Attorneys for Appellees.

OPINION

GARRARD, Judge.

Case Summary

The Indiana Department of Environmental Management ("IDEM") appeals a trial court's decision denying its motion to dismiss and granting a petition for review filed by Peter and Jane Kunz. We affirm.

Issues

We rephrase the two issues presented for our review:

I. Whether the Indiana Office of Environmental Adjudication...

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