Studor, Inc. v. State Ex Rel. Dcbs

This case presents three questions resulting from a state agency’s decision not to amend the state building code: First, did the Marion County Circuit Court have jurisdiction to review the denial? Second, if so, did the circuit court correctly remand the agency’s decision? Third, did the circuit court err in awarding petitioner $50,000 in attorney fees? We conclude that the circuit court lacked jurisdiction; a prerequisite to circuit court jurisdiction is a final agency order in a proceeding other than a contested case, and the agency decision here did not fit within that category of agency…