Town Board of Orland v. Greenfield Mills, Inc.

SULLIVAN, Justice.

Applying administrative law principles recently enunciated in Austin Lakes Joint Venture v. Avon Utilities, 648 N.E.2d 641 (Ind. 1995), we hold that the trial court does not have subject matter jurisdiction to enjoin construction and operation of a sewage treatment plant where the plaintiffs seek solely injunctive relief on grounds that discharge from the project will cause damaging levels of pollution. Rather, we find that the determinations plaintiffs seek here are subject to the administrative and judicial review procedures set forth in the state's water pollution control…