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IDEM v. SCHNIPPEL CONST., INC.

No. 49A04-0203-CV-118.

778 N.E.2d 407 (2002)

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and Lori Kaplan, in her official capacity as Commissioner of the Indiana Department of Environmental Management, Appellants-Respondents, v. SCHNIPPEL CONSTRUCTION, INC., and Tower Senior Apartments, LP, Appellees-Petitioners.

Court of Appeals of Indiana.

October 28, 2002.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Janet L. Parsanko, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellants.

Lewis D. Beckwith, Sharon A. Hilmes, Baker & Daniels, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-plaintiff Indiana Department of Environmental Management (IDEM) appeals the order of the trial court reversing and remanding a Final Order from the Chief Environmental Law Judge (CELJ) granting IDEM's motion for partial summary judgment and assessing civil penalties against Schnippel Construction, Inc. (Schnippel), and Tower Senior Apartments, LP (Tower) (collectively, the...

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