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DEPT. OF NATURAL RESOURCES v. SOLAR SOURCES, INC.

No. 63A05-9708-CV-346.

701 N.E.2d 1244 (1998)

INDIANA DEPARTMENT OF NATURAL RESOURCES, Appellant-Respondent, v. SOLAR SOURCES, INC., Appellee-Petitioner.

Court of Appeals of Indiana.

Opinion Granting Rehearing in Part February 11, 1999.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Myra P. Spicker, Deputy Attorney General, Rachel Zaffrann, Deputy Attorney General, Indianapolis, for Appellant-Respondent.

Mary M. Runnells, Bloomington, for Appellee-Petitioner.

OPINION

RUCKER, Judge.

On request by Solar Sources, Inc. the Indiana Department of Natural Resources issued a ruling interpreting certain provisions of the Indiana Surface Mining Control and Reclamation Act. An Administrative Law Judge affirmed. Finding the interpretation arbitrary, capricious, and contrary to law the trial court set aside the decision. The Indiana Department of Natural Resources now appeals...

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