Indiana Office of Environmental Adjudication v. Kunz

OPINION

GARRARD, Judge

Case Summary

The Indiana Department of Environmental Management (“IDEM”) appeals a trial court’s decision denying its motion to dismiss and granting a petition for review filed by Peter and Jane Kunz. We affirm.

Issues

We rephrase the two issues presented for our review:

I. Whether the Indiana Office of Environmental Adjudication (“OEA”) had subject matter jurisdiction over the Kunzes’ petition for administrative review; and,

II. Whether the Kunzes should have been permitted to amend their petition.

Facts and Procedural History

The Kunzes own property and water wells near the…