Legal Opinion
Department of Natural Resources v. Indiana Coal Council, Inc.
Indiana Supreme Court
Decided August 31, 1989No. 19S00-8802-CV-263PublishedCited by 49 opinions
1Opinion of the Court
DeBRULER, Justice.
This is an appeal from the Dubois Circuit Court and the determination there that certain provisions of Indiana's version of the Surface Mining Control and Reclamation Act ("SMCRA"), I.C. 13-4.1-1-1, et seq., and regulations promulgated thereunder, 310 I.A.C. 12-2-1, et seq., as applied by the Indiana Department of Natural Resources to land owned by Huntingburg Machinery & Equipment Rental, Inc. ("HUMER") amounted to an unconstitutional taking under the Fifth Amendment to the Constitution of the United States. Under Appellate Rule 4(A)(8), this Court has exclusive…
2Cases cited23 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- City of New Orleans v. DukesSupreme Court of the United States · 1976
18 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Indiana High School Athletic Ass'n v. Carlberg Ex Rel. CarlbergIndiana Supreme Court · 1997
- Equicor Development, Inc. v. Westfield-Washington Township Plan CommissionIndiana Supreme Court · 2001
- Gardner v. New Jersey Pinelands CommissionSupreme Court of New Jersey · 1991
- Town of Beverly Shores v. BagnallIndiana Supreme Court · 1992
- Biddle v. BAA Indianapolis, LLCIndiana Supreme Court · 2007
44 more not listed; retrieve them via the Exa API.