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MORAN ELEC. SERVICE v. COMMISSIONER, IDEM

No. 49A02-1305-MI-432.

8 N.E.3d 698 (2014)

MORAN ELECTRIC SERVICE, INC., and Threaded Rod Company, Inc., Appellants-Proposed Intervenors, v. COMMISSIONER, INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Appellee-Plaintiff, City of Indianapolis, Appellee-Intervenor, Ertel Manufacturing Corp., Defendant.

Court of Appeals of Indiana.

April 21, 2014.

Attorney(s) appearing for the Case

David A. Temple , Sean T. Devenney , Scott P. Fisher , Carmel, IN, Attorneys for Appellant, Threaded Rod Company, Inc.

Glenn D. Bowman , Nicholas K. Gahl , Marc A. Menkveld , Indianapolis, IN, Attorneys for Appellant, Moran Electric Company, Inc.

Gregory F. Zoeller , Attorney General of Indiana, Andrew R. Falk , Timothy J. Junk , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee, Indiana Department of Environmental Management.

Cameron Gregory Starnes , Office of Corporation Counsel, Indianapolis, IN, Attorney for Appellee, City of Indianapolis.

OPINION

BARNES, Judge.

Case Summary

Threaded Rod Company, Inc., ("Threaded Rod") and Moran Electric Service, Inc., ("Moran") (collectively, "Appellants") appeal the trial court's denial of their motions to intervene and motions for preliminary injunction in litigation between the Indiana Department of Environmental Management ("IDEM"), the City of Indianapolis ("the City"), and Ertel Manufacturing Corporation ("Ertel"). We reverse and remand.<...

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