Legal Opinion
Peabody Coal Co. v. Ralston
Indiana Court of Appeals
Decided September 25, 1991No. 83A01-9103-CV-76PublishedCited by 7 opinions
1Opinion of the Court
RATLIFF, Chief Judge.
STATEMENT OF THE CASE
Peabody Coal Company (Peabody) appeals a judgment for Patrick R. Ralston, as Director of the Indiana Department of Natural Resources (DNR) in an action for judicial review of an agency determination, which affirmed blasting violations by Peabody. We reverse and remand.
ISSUE 1
We restate the issue on appeal as:
Did the trial court err in affirming DNR's decision finding two violations by Peabody of DNR's surface mining regulations, where DNR's order found that in administrative review of a DNR decision the burden of persuasion shifts from DNR to the…
2Cases cited6 opinions
- State Board of Tax Commissioners v. Jewell Grain Co.Indiana Supreme Court · 1990
- City of Greenwood v. DowlerIndiana Court of Appeals · 1986
- Oriental Health SPA v. City of Fort WayneIndiana Court of Appeals · 1988
- Denton v. StateIndiana Court of Appeals · 1979
- Denton v. StateIndiana Court of Appeals · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Inland Steel Co. v. State Board of Tax CommissionersIndiana Tax Court · 2000
- Orange County Assessor v. StoutIndiana Tax Court · 2013
- Indiana Department of Natural Resources v. Krantz Bros. Construction Corp.Indiana Court of Appeals · 1991
- Marion County Assessor v. Washington Square Mall, LLC, DeBartolo Realty Partnership, LP, and Simon Capital, LPIndiana Tax Court · 2015
- Lee and Sally Peters v. Lisa Garoffolo, Boone County Assessor, and the Indiana Board of Tax ReviewIndiana Tax Court · 2015
2 more not listed; retrieve them via the Exa API.