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  5. 803 N.E.2d 267 (2004)
 

DEPT. OF ENVTL. MGMT. v. BOONE COUNTY RES. RECOVERY SYS.

No. 06A01-0302-CV-49.

803 N.E.2d 267 (2004)

The INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Appellant-Respondent, v. BOONE COUNTY RESOURCE RECOVERY SYSTEMS, INC., Robert H. Bankert, Greg Bankert, Cindy Russell, and John Bankert, Jr., Appellees-Petitioners.

Court of Appeals of Indiana.

February 16, 2004.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Sierra L. Cutts, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Carol Sparks Drake, Parr Richey Obremskey & Morton, Lebanon, IN, S. Gregory Zubek, Whitham, Hebenstreit & Zubek, Indianapolis, IN, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

The Indiana Department of Environmental Management ("IDEM") challenges the trial court's judgment, which reversed the Indiana Office of Environmental Adjudication's ("OEA") grant of summary judgment against Boone County Resource Recovery Systems, Inc. ("BCRRS"), Robert Bankert ("Robert"), Greg Bankert ("Greg"), Cindy Russell ("Cindy") and John Bankert, Jr. ("John, Jr.") (collectively "the Bankerts")....

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