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INDIANA DEPT. OF ENV. v. EAGLE ENCLAVE

Court of Appeals Case No. 18A-MI-1379.

120 N.E.3d 212 (2019)

COMMISSIONER OF the INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Appellant-Petitioner, v. EAGLE ENCLAVE DEVELOPMENT, LLC, Appellee-Respondent.

Court of Appeals of Indiana.

FILED February 21, 2019.

Attorney(s) appearing for the Case

Attorneys for Appellant: Curtis T. Hill, Jr. , Attorney General of Indiana, Frances Barrow , Deputy Attorney General, Indianapolis, Indiana.

Attorneys for Appellee: James D. Johnson , Blair M. Gardner , Jackson Kelly PLLC, Evansville, Indiana.

Statement of the Case

The Commissioner of the Indiana Department of Environmental Management ("IDEM") appeals the trial's court denial of its Indiana Trial Rule 12(B)(6) motion to dismiss counterclaims filed by Eagle Enclave Development ("Eagle"). IDEM presents a single issue for our review, namely, whether the trial court...

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