In Re: Objection to Final Order of Commissioner of
Indiana Department of Environmental Management,
Mexico Community Regional Sewer District, Miami County, Indiana
2004 OEA 45 (04-W-J-3365)
[2004 OEA 45, page 45 begins]
TOPICS:
dismissal
regional sewer district
subject matter jurisdiction
PRESIDING JUDGE:
Gibbs
Petitioners, pro se: Robert G. Novale, John J. Leedy, Melvin D. and Linda S. Spear,
Shirley J. Smiley, Terry R. Smiley, Michael A. Miser, Penny Hall,
Ken and Katrina Chester, William R. Stern, James A. Alwine,
Bertha F. Alwine, Karen Cadwallader, Leila Ferguson, Jean Barfell, Arthur Williams, Danny & Virginia See
Permittee, pro se: Mexico Community Regional Sewer District
IDEM: Kathleen Mills, Esq.
ORDER ISSUED:
June 16, 2004
INDEX CATEGORY:
Water
FURTHER CASE ACTIVITY:
[none]
[2004 OEA 45, page 46 begins]
STATE OF INDIANA ) BEFORE THE INDIANA OFFICE OF
) ENVIRONMENTAL ADJUDICATION
COUNTY OF MARION )
IN THE MATTER OF: )
)
OBJECTION TO FINAL ORDER OF )
COMMISSIONER OF INDIANA )
DEPARTMENT OF ENVIRONMENTAL )
MANAGEMENT ) CAUSE NO. 04-W-J-3365
MEXICO COMMUNITY REGIONAL )
SEWER DISTRICT )
MIAMI COUNTY, INDIANA )
Please be notified that the Office of Environmental Adjudication (“OEA” or “Court”), on its own motion, hereby dismisses Cause No. 04-W-J-3365 from the OEA under Ind. Code §4-21.5, et seq., 315 IAC 1, and Ind. Tr. R. 12(B)(1), for lack of subject matter jurisdiction. The Environmental Law Judge hereby makes the following findings of fact and conclusions of law:
[2004 OEA 45, page 47 begins]
Conclusions of Law
1. The Office of Environmental Adjudication (“OEA”) ordinarily has jurisdiction over the decisions of the Commissioner of the Indiana Department of Environmental Management (“IDEM”) and the parties to this controversy pursuant to Ind. Code §4-21.5-7, et seq.
2. Findings of Fact that may be construed as Conclusions of Law and Conclusions of Law that may be construed as Findings of Fact are so deemed.
3. IC §13-26-2-11 states “An order for the establishment of a district is subject to review as provided in IC §4-21.5-5.”
4. Pursuant to IC §13-26-2-11, OEA does not have subject matter jurisdiction of an appeal of an order for the establishment of a regional sewer district. OEA has no subject matter jurisdiction over the requests for appeal filed by the Petitioners, Shirley Smiley, Penny Hall, Ken and Katrina Chester, Robert G. Novale, John J. Leedy, Melvin D. and Linda S. Spear, Michael A. Miser, William R. Stern, James A. Alwine, Bertha F. Alwine, Karen Cadwallader, Jean Barfell, Leila Ferguson, Danny and Virginia See, and Arthur Williams. The Petitioners must file a verified Petition for Judicial Review in the appropriate trial court. This matter must therefore be dismissed.
Final Order
IT IS THEREFORE ORDERED that the Office of Environmental Adjudication hereby DISMISSES the requests for appeal filed by the Petitioners for lack of subject matter jurisdiction. All previous Orders issued by this Court are hereby VACATED.
You are hereby further notified that pursuant to provisions of Indiana Code § 4-21.5-7.5, the Office of Environmental Adjudication serves as the Ultimate Authority in the administrative review of decisions of the Commissioner of the Indiana Department of Environmental Management. This is a Final Order subject to Judicial Review consistent with applicable provisions of IC 4-21.5. Pursuant to IC 4-21.5-5-5, a Petition for Judicial Review of this Final Order is timely only if it is filed with a civil court of competent jurisdiction within thirty (30) days after the date this notice is served.
IT IS SO ORDERED this 16th day of June, 2004 in Indianapolis, IN.
Hon. Catherine Gibbs
Environmental Law Judge
[2004 OEA 45: end of opinion]
2004 OEA 45 in Microsoft Word format
2004 OEA 45 in .pdf format