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IDEM v. JENNINGS NORTHWEST REG. UTILITIES

No. 49A02-0104-CV-246.

760 N.E.2d 184 (2001)

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Appellant-Respondent, v. JENNINGS NORTHWEST REGIONAL UTILITIES and The Board of Trustees of Jennings Northwest Regional Utilities, Appellees-Petitioners, Lori F. Kaplan, in her representative Capacity as Commissioner of the Indiana Department of Environmental Management, Non-Appealing Party, Respondent.

Court of Appeals of Indiana.

December 14, 2001.

Attorney(s) appearing for the Case

Anita Wylie, Indianapolis, IN, Attorney for Appellant.

George T. Patton, J. Christopher Janak, Indianapolis, IN, Attorneys for Appellees.

OPINION

HOFFMAN, Senior Judge.

Appellant-Respondent Indiana Department of Environmental Management ("IDEM") appeals the trial court's determination in favor of Appellee-Petitioner Jennings Northwest Regional Utilities and The Board of Trustees of Jennings Northwest Regional Utilities (collectively, "the Utility").1 We affirm.

IDEM raises one issue for our review, which we restate as: whether the trial court correctly...

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