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SAVE THE VALLEY, INC. v. INDIANA-KENTUCKY ELEC. CORP.

No. 49A04-0312-CV-610.

820 N.E.2d 677 (2005)

SAVE THE VALLEY, INC., Hoosier Environmental Council, Inc., and Citizens Action Coalition of Indiana, Inc., Appellants-Respondents-Defendants, v. INDIANA-KENTUCKY ELECTRIC CORPORATION, Appellee-Petitioner-Plaintiff, Indiana Department of Environmental Management, Appellee-Petitioner.

Court of Appeals of Indiana.

January 11, 2005.

Attorney(s) appearing for the Case

Michael A. Mullett, Mullett Polk & Associates, LLC Indianapolis, IN, for Appellants.

Howard A. Learner, Shannon Fisk, Environmental Law and Policy Center, Chicago, IL, William R. Groth, Fillenwarth Dennerline Groth & Towe, Indianapolis, IN, for Amicus Curiae.

Anthony C. Sullivan, Bryan G. Tabler, Barnes & Thornburg, LLP, Indianapolis, IN, for Appellee, Indiana-Kentucky Electric Corporation.

Steve Carter, Attorney General of Indiana, Joby Jerrells, Deputy Attorney General, Indianapolis, IN, for Appellee, Indiana Department of Environmental Management.

OPINION

BARNES, Judge.

Case Summary

Save the Valley, Inc., Hoosier Environmental Counsel, Inc., and Citizens Action Coalition of Indiana, Inc., (collectively "Appellants") appeal the denial of their motion to dismiss and the granting of a motion for partial summary judgment filed by Indiana-Kentucky Electric Corporation ("IKEC"). We reverse.

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