Legal Opinion
Breitweiser v. Indiana Office of Environmental Adjudication
Indiana Supreme Court
Decided June 22, 2004No. 49S04-0303-CV-115PublishedCited by 6 opinions
1Opinion of the Court
*701ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 49A04-0111-CV-505.
SHEPARD, Chief Justice.
The Breitweisers filed a petition with the Indiana Department of Environmental Management (IDEM) to halt an animal feeding operation. The petition was initially handled by an administrative law judge, whom the Breitweisers moved to disqualify. She recused, and the chief ALJ assumed responsibility for the case. He refused the Breitweiser's request that he also disqualify and entered a default judgment against them. -
The question before us is: does a petitioner's motion to disqualify an ALJ…
2Cases cited8 opinions
- Indiana State Board of Public Welfare v. Tioga Pines Living Center, Inc.Indiana Supreme Court · 1993
- State, Indiana Civil Rights Com'n v. INIIndiana Supreme Court · 1999
- Claywell v. Review Board of the Indiana Department of Employment & Training ServicesIndiana Supreme Court · 1994
- Rynerson v. City of FranklinIndiana Supreme Court · 1996
- Aetna Securities Co. v. SickelsIndiana Court of Appeals · 1949
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Indiana Alcohol and Tobacco Commission v. Spirited Sales, LLCIndiana Supreme Court · 2017
- Carter v. Carolina Tobacco Co., Inc.Indiana Court of Appeals · 2007
- HH-Indianapolis LLC v. Consolidated City of Indianapolis/Marion CountyDistrict Court, S.D. Indiana · 2017
- Save the Valley, Inc. v. FergusonIndiana Court of Appeals · 2008
- Breitweiser v. Indiana Office of Environmental AdjudicationIndiana Supreme Court · 2004
1 more not listed; retrieve them via the Exa API.