City of Huntingburg v. Phoenix Natural Resources, Inc.

BAKER, Judge.

May a trial court consider evidence of an Indiana legislator's interpretation of an unambiguous statute? The appellant-plaintiff City of Huntingburg, Indiana (City) appeals the trial court's denial of a preliminary injunction to enjoin the coal mining operations of the appellee-defendant Phoenix Natural Resources, Inc. (Phoenix).

ISSUES

The parties raise the following issues on appeal:

1. Should the appeal be dismissed as moot?

2. Did the trial court properly admit a legislator's testimony of the construction of an unambiguous statute?

3. Did the trial court properly interpret "urban…