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SAVE THE VALLEY, INC. v. INDIANA-KENTUCKY ELECTRIC CORPORATION

No. 49A04-0312-CV-610.

824 N.E.2d 776 (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.

March 31, 2005.

Attorney(s) appearing for the Case

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

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

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

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

OPINION ON REHEARING

BARNES, Judge.

We grant the Appellees' petitions for rehearing; however, we affirm our opinion in all regards. We issue this opinion on rehearing to address an argument raised by IKEC for the first time in its petition for rehearing and to clarify the issue of the trial court's subject matter jurisdiction.

IKEC argues in its petition for rehearing, "OEA did not have before it a petition meeting the requirements of the Statute...

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