Moran Electric Service, Inc. v. Commissioner, Indiana Department of Environmental Management

OPINION ON REHEARING

BARNES, Judge.

The Indiana Department of Environmental Management (“IDEM”) and the City of Indianapolis (“the City”) have filed a joint request for rehearing from our opinion in Moran Elec. Serv., Inc. v. Comm’r, Indiana Dep’t of Envtl. Mgmt., 8 N.E.3d 698 (Ind.Ct.App.2014). We grant rehearing to acknowledge and address some of their rehearing arguments, but we reaffirm our original decision in all respects.

In Moran, we addressed the effect of simultaneous trial court proceedings and administrative proceedings before the Office of Environmental Adjudications (“OEA”)…