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CARTER v. NUGENT SAND CO.

No. 49S00-0812-CV-00649.

925 N.E.2d 356 (2010)

Robert E. CARTER, Jr., Director, DNR, and Indiana Department of Natural Resources, Appellants (Defendants below), v. NUGENT SAND COMPANY, Alice G. Julius, Annetta Radmes, Mildred Rauth, Sandra M. Goins, Paula C. Goodwin, Anna J. Goodwin, Rea E. Gogan, Melissa F. Hafenbreidel, and Paula C. Goodwin, as Personal Representative of the Estate of Charles N. Goodwin, Appellees (Plaintiffs below).

Supreme Court of Indiana.

April 14, 2010.

Attorney(s) appearing for the Case

Gregory F. Zoeller, Attorney General of Indiana, Frances Barrow, Deputy Attorney General, Julie E. Lang, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellants.

Peter G. Tamulonis, Peter A. Velde, Eric D. Johnson, Indianapolis, IN, Attorneys for Appellees.

SHEPARD, Chief Justice.

Landowners and lessees obtained state approval a decade ago to dig a channel from the Ohio River to a nearby lake so that they could use the lake for a sand and gravel operation. They now seek judicial relief from conditions imposed within their 1999 permits. We conclude that that the present action should be dismissed for failure to exhaust administrative remedies.

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