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SAVE THE VALLEY, INC. v. DEPT. OF ENVIRON. MGT.

No. 49A02-9904-CV-266.

724 N.E.2d 665 (2000)

SAVE THE VALLEY, INC., Thomas Breitweiser and L. Jae Breitweiser, Appellants-Plaintiffs, v. The INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and John Hamilton in his official capacity as Commissioner of the Indiana Department of Environmental Management, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied April 13, 2000.

Attorney(s) appearing for the Case

E. Scott Treadway, Kevin M. Kohart, Lowe Gray Steele & Darko, LLP, Indianapolis, Indiana, Attorneys for Appellants.

Jeffrey A. Modisett, Attorney General of Indiana, Barbara Gasper Hines, Beth H. Henkel, Deputy Attorneys General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

Save the Valley, Inc., Thomas Breitweiser, and L. Jae Breitweiser (collectively "STV") appeal the decision of the trial court to dismiss their suit against the Indiana Department of Environmental Management (IDEM), raising numerous issues for review. We address one, which we find dispositive: whether the trial court erred in determining that it lacked jurisdiction to decide the controversy...

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