Legal Opinion
Carter v. Nugent Sand Co.
Indiana Supreme Court
Decided April 14, 2010No. 49S00-0812-CV-649PublishedCited by 16 opinions
1Opinion of the Court
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.
Facts and Procedural History
Alice G. Julius and others (collectively, "landowners") own 156.2 acres of land adjoining the Ohio River in Utica, Indiana. Nugent Sand Company is a Kentucky partnership engaged…
2Cases cited10 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005
- Austin Lakes Joint Venture v. Avon Utilities, Inc.Indiana Supreme Court · 1995
- Thompson v. Medical Licensing BoardIndiana Court of Appeals · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Barnette v. US Architects, LLPIndiana Court of Appeals · 2014
- Jon R. Grdinich and JRG, LLC, an Indiana Limited Liability Corporation v. Plan Commission for the Town of Hebron, Indiana, and Town of Hebron, Indiana, and Town Council for the Town of Hebron, IndianaIndiana Court of Appeals · 2019
- Outboard Boating Club of Evansville, Inc. v. Indiana State Department of HealthIndiana Court of Appeals · 2011
- Scheub v. Van Kalker Family Ltd. PertnershipIndiana Court of Appeals · 2013
- John C. & Maureen G. Osborne v. Town of Long Beach, IndianaIndiana Court of Appeals · 2017
11 more not listed; retrieve them via the Exa API.