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JENNINGS WATER INC. v. OFFICE ENVIRON. ADJ.

No. 49A02-0805-CV-396.

909 N.E.2d 1020 (2009)

JENNINGS WATER, INC., Appellant-Petitioner, v. OFFICE OF ENVIRONMENTAL ADJUDICATION, Commissioner, Indiana Department of Environmental Management, and Talara Lykins, Appellees-Respondents.

Court of Appeals of Indiana.

July 20, 2009.

Attorney(s) appearing for the Case

Peter Campbell King, Tamara B. Wilson, Cline, King & King, Columbus, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Frances H. Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee, OEA.

Joseph A. Miller, Seymour, IN, Tally Lykins, North Vernon, IN, Attorneys for Appellee, Lykins.

OPINION

SULLIVAN, Senior Judge.

Talara Lykins ("Lykins") applied for and received from the Indiana Department of Environmental Management ("IDEM") a permit for the construction of a Confined Feeding Operation ("CFO") facility in Jackson County, Indiana. Jennings Water, Inc., a rural, not-for-profit water company, provides water to approximately 3,000 rural customers in that area. Jennings Water first petitioned...

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