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DEPT. OF NAT. RES. v. HOOSIER ENV. COUNCIL, INC.

No. 49A05-0409-CV-493.

831 N.E.2d 804 (2005)

INDIANA DEPARTMENT OF NATURAL RESOURCES, Appellant-Respondent, v. HOOSIER ENVIRONMENTAL COUNCIL, INC., Appellee-Petitioner.

Court of Appeals of Indiana.

Rehearing Denied October 3, 2005.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Frances H. Barrow, Deputy Attorney General, Indianapolis, for Appellant.

Michael A. Mullett, Mullett, Polk & Associates, LLC, Indianapolis, for Appellee.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Respondent Indiana Department of Natural Resources ("DNR") appeals the trial court's order determining that Appellee-Petitioner Hoosier Environmental Council, Inc. ("HEC") is entitled to all of its fees and costs under Indiana Code Section 14-34-15-10. We affirm in part, reverse in part, and remand.

Issue

DNR raises one issue, which we restate as whether the trial court erred by substituting...

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