Save the Valley, Inc. v. Ferguson

OPINION

BAILEY, Judge.

Case Summary

Thomas and Jae Breitweiser, Michael Bowen, Sue Passwater, and members of Save the Valley, Inc. (collectively “Residents”) appeal the trial court’s denial of their motion to correct error. We affirm and remand. 1

Issue

The Residents raise three issues on appeal. 2 However, we address the following dispositive issue: whether the trial court lacked subject matter jurisdiction over a private claim for declaratory and injunc-tive relief arising from activity regulated by the Indiana Department of Environmental Management (“IDEM”).

Facts and Procedural History

IDEM…