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CITY OF GARY v. DEPT. OF ENVT'L MGMT.

No. 49A02-1106-MI-553.

967 N.E.2d 1053 (2012)

CITY OF GARY and Gary Sanitation, District, Appellants, v. INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and City of Hobart, Appellees.

Court of Appeals of Indiana.

May 17, 2012.

Attorney(s) appearing for the Case

E. Sean Griggs , Fredric P. Andes , David T. Ballard , Barnes & Thornburg, LLP, Indianapolis, IN, Attorneys for Appellants.

Gregory F. Zoeller , Attorney General of Indiana, Frances Barrow , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee Indiana Department of Environmental Management.

Joseph P. Allegretti , Adam J. Sedia , Rubino, Ruman, Crosmer, Smith, Sersic & Polen, Dyer, IN, Attorneys for Appellee City of Hobart.

OPINION

MATHIAS, Judge.

The City of Gary and the Gary Sanitation District (collectively "Gary") appeal the Marion Superior Court's order affirming the order of the Office of Environmental Adjudication, which upheld the Indiana Department of Environmental Management's ("IDEM") decision to issue a permit to the City of Hobart to operate a new wastewater treatment plant. Gary appeals and raises several issues, which we consolidate into the following two:

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