Legal Opinion
Indiana Department of Environmental Management v. NJK Farms, Inc.
Indiana Court of Appeals
Decided February 18, 2010No. 49A02-0902-CV-123PublishedCited by 4 opinions
1Opinion of the Court
OPINION
BARNES, Judge.
Case Summary
In this interlocutory appeal, the Indiana Department of Environmental Management ("IDEM") appeals the trial court's order finding it in breach of a settlement agreement with NJK Farms, Inc., ("NJK"). We reverse and remand.
Issues
IDEM raises four issues, but we find one issue dispositive: whether the trial court had subject matter jurisdiction. Consequently, we do not address the remaining issues raised in the appeal. 1
Facts 2
In May 1989, NJK was formed for the purpose of acquiring land for use as a solid waste landfill. NJK then acquired land in Fountain County…
2Cases cited15 opinions
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Austin Lakes Joint Venture v. Avon Utilities, Inc.Indiana Supreme Court · 1995
- Tom-Wat, Inc. v. FinkIndiana Supreme Court · 2001
- Town Council of New Harmony v. ParkerIndiana Supreme Court · 2000
- Harbour v. Arelco, Inc.Indiana Supreme Court · 1997
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3Cited by4 opinions
- John Larkin v. State of IndianaIndiana Court of Appeals · 2015
- Moran Electric Service, Inc. v. Commissioner, Indiana Department of Environmental ManagementIndiana Court of Appeals · 2014
- Richmond State Hospital v. BrattainIndiana Court of Appeals · 2010
- Moran Electric Service, Inc., and Threaded Rod Company, Inc. v. Commissioner, Indiana Department of Environmental Management, City of Indianapolis, Ertel Manufacturing Corp.Indiana Court of Appeals · 2014