Haverlack v. Portage Homes, Inc.

These appeals require that we review the decisions of the court of appeals to ascertain if it was correct in affirming the granting of summary judgments against the appellants. Because the facts and issues presented are similar, the cases have been consolidated.

I

The initial question for our consideration is whether summary judgments were properly granted on the ground of failure to exhaust administrative remedies. The court of appeals, in Haverlack, concluded that “[t]he subject matter of appellants’ complaint is clearly within the province of the Environmental Protection Agency and the…