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DNR v. PEABODY COAL CO.

No. 77A04-9909-CV-429.

740 N.E.2d 129 (2000)

Indiana DEPARTMENT OF NATURAL RESOURCES, Appellant, v. PEABODY COAL COMPANY, Appellee.

Court of Appeals of Indiana.

November 16, 2000.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Daniel B. Dovenbarger, Attorney General's Office, Indianapolis, Indiana, Attorneys for Appellant.

G. Daniel Kelley, Jr., Dana G. Meier, Ice Miller, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

SHARPNACK, Chief Judge

The Indiana Department of Natural Resources ("DNR") appeals the judgment of the trial court affirming a decision of the administrative law judge ("ALJ") in favor of Peabody Coal Company ("Peabody"). The DNR raises four issues, which we consolidate and restate as:

(1) whether the trial court erred in affirming the ALJ's decision that the DNR had applied an incorrect...

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