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BREITWEISER v. INDIANA OFFICE OF ENVIRONMENTAL ADJUDICATION

No. 49S04-0303-CV-00115.

810 N.E.2d 699 (2004)

Thomas BREITWEISER and L. Jae Breitweiser, Appellant (Defendant below), v. Indiana OFFICE OF ENVIRONMENTAL ADJUDICATION, Chief Environmental LAW Judge Wayne E. Penrod, and David Ferguson, Appellees (Plaintiff below).

Supreme Court of Indiana.

June 22, 2004.

Attorney(s) appearing for the Case

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

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, George T. Patton, Jr., Daniel McInerny, Melinda Shapiro, Bose McKinney & Evans, Indianapolis, IN, Attorneys for Appellees.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 49A04-0111-CV-505.

SHEPARD, Chief Justice.

The Breitweisers filed a petition with the Indiana Department of Environmental Management (IDEM) to halt an animal feeding operation. The petition was initially handled by an administrative law judge, whom the Breitweisers moved to disqualify. She recused, and the chief ALJ assumed responsibility for the case...

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