[CITE: Musgrave v. Squaw Creek & DNR (Remand),
13 CADDNAR 95 (2013)]
[VOLUME 13, PAGE 95]
Cause #: 08-034R
Caption: Musgrave v.
Squaw Creek and DNR (Remand)
Administrative Law
Judge: Jensen
Attorneys: Racher, Eckerle (Musgrave);
Phillips (Squaw Creek); Boyko (DNR)
Date: February 13,
2013
FINAL ORDER FOLLOWING
REMAND
[NOTE: THE FOLLOWING
ENTRY IS A FINAL ORDER FOLLOWING REMAND.
SEE Musgrave v.
Squaw Creek Coal Co. and DNR, 12 CADDNAR 192 (2009).]
1. The instant proceeding was commenced by Bil Musgrave’s (Musgrave) filing of correspondence with the Natural Resources Commission (Commission) on February 15, 2008.
2. “Findings of Fact and Conclusions of Law with Final Order of the Natural Resources Commission” (“Commission Order”) was entered by the Natural Resources Commission (“Commission”) through the issuance of its “Findings of Fact and Conclusions of Law with Final Order” on December 28, 2009.
3. In relevant part the Commission Order vacated the Department of Natural Resource’s (“DNR”) previous determination to release Squaw Creek Coal Company’s (“SCCC”) Phase III Bond for 955.37 acres.
4. Following the filing of Petitions for Judicial Review by SCCC and DNR, the Marion County Superior Court, in Cause Number 49D07-1001-MI-003153, issued an order on March 11, 2011 affirming the Commission Order in part but reversing the Commission’s determination with respect to the Phase III Bond. The Commission was ordered to enter judgment in favor of SCCC and the DNR “consistent with this Order…”
5. On March 21, 2012 the Court of Appeals of Indiana affirmed the order of the Marion County Superior Court. Musgrave v. Squaw Creek Coal Company and Indiana Department of Natural Resources, 964 N.E.2d 891, (2012 Ind. App.).
6. The administrative law judge is the ultimate authority in the instant proceeding. 312 IAC 3-1-2(b)(1).
7. The determination of the Indiana Court of Appeals is binding.
ORDER ON REMAND
8. The Department’s approval of SCCC’s application for Phase III bond release as to 955.37 acres is affirmed.