LINDSEY v. DE GROOT DAIRY LLC

No. 35A04-0608-CV-461.

867 N.E.2d 602 (2007)

Donald LINDSEY and Jacquelyn Lindsey, Appellants-Plaintiffs, v. DE GROOT DAIRY LLC and Indiana Department of Environmental Management, Appellees-Defendants.

Court of Appeals of Indiana.

June 4, 2007.


Attorney(s) appearing for the Case

David C. Van Gilder, Van Gilder & Trzynka, P.C., Fort Wayne, IN, Attorney for Appellants.

Peter M. Racher, Todd J. Janzen, Ruth M. Rivera, Plews Shadley Racher & Braun LLP, Indianapolis, IN, Attorney for Appellee De Groot Dairy LLC.

Frances Barrow, Deputy Attorney General, Office of the Attorney General, Indianapolis, IN, Attorney for Appellee Indiana Department of Environmental Management.


OPINION

BAILEY, Judge.

Case Summary

Donald and Jacquelyn Lindsey ("Lindseys") appeal the dismissal of their Verified Petition for Judicial Review ("Verified Petition") of an administrative law judge's order. We reverse.

Issue

The Lindseys raise three issues on appeal, one of which is dispositive: whether the trial court erred in dismissing their Verified Petition.

Facts and Procedural History

De Groot Dairy LLC...

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