BREITWEISER v. INDIANA OFFICE ENVIRON. ADJUDICATION

No. 49A04-0111-CV-505.

775 N.E.2d 1175 (2002)

Thomas BREITWEISER and L. Jae Breitweiser, Appellants Petitioners, v. INDIANA OFFICE OF ENVIRONMENTAL ADJUDICATION, Chief Environmental Law Judge Wayne E. Penrod, and David Ferguson, Appellees-Defendants.

Court of Appeals of Indiana.

October 2, 2002.


Attorney(s) appearing for the Case

E. Scott Treadway, Tabbert Hahn Earnest & Weddle, LLP, Indianapolis, IN, Attorney for Appellants.

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees, Indiana Office of Environmental Adjudication and Chief Environmental Law Judge Wayne E. Penrod.

George T. Patton, Jr., Daniel P. McInerny, Melinda R. Shapiro, Bose McKinney & Evans, Indianapolis, IN, Attorneys for Appellee David Ferguson.


OPINION

BARNES, Judge.

Case Summary

Thomas and L. Jae Breitweiser appeal the trial court's dismissal of their petition for judicial review. The petition challenged orders of Chief Environmental Law Judge ("ELJ") Wayne Penrod of the Indiana Office of Environmental Adjudication ("OEA") in which he refused to disqualify himself, refused to vacate orders previously entered by Administrative Law Judge ("ALJ") Linda Lasley, and entered a final order...

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