Final Order
Brad McVey is granted an administrative judgment under IC 25-36.5-1 against Midwest Timber and Enterprises, Inc. in the amount of One Thousand Two Hundred Dollars ($1,200). The administrative judgment addresses all issues of damage and responsibility between the parties, and, after the completion of the opportunity for judicial review under IC 4-21.5, may be enforced by McVey in a civil proceeding as a judgment.
Findings of Fact and Conclusions of Law
1. This proceeding was initiated on May 31, 2001 when Brad McVey ("McVey") filed a complaint against Midwest Timber and Enterprises, Inc. ("Midwest Timber") seeking satisfaction of unpaid amounts on a timber buyer contract.
2. The Timber Buyers Act (IC 25-36.5) and the Administrative Orders and Procedures Act (IC 4-21.5) apply. Pursuant to IC 25-36.5-1-3.2 and IC 14-10-2-3, the Natural Resources Commission (the "Commission") is the "ultimate authority" for the proceeding under IC 4-21.5-1-15. The Commission has subject matter jurisdiction, as well as personal jurisdiction over McVey and Midwest Timber.
3. The facts are not in dispute. In 2000, Midwest Timber and McVey entered an oral contract for the purchase of timber, and removal of the timber as logs, from property owned by McVey near New Harmony in Posey County, Indiana. Midwest Timber employed a trucking company to transport the logs from McVey's property to Midwest Timber's log yard. Midwest Timber paid McVey for all logs removed from his property except for three truck loads. The fair market value of the three truck loads of logs is $1,200, and Midwest Timber remains indebted to McVey in the amount of $1,200. Under the terms of the oral contract, the indebtedness of $1,200 is now past due.
4. Eugene Kemp and Rodney Lincoln are also referenced in McVey's complaint as having claims against Midwest Timber. Neither Kemp nor Lincoln are parties to this proceeding, however, so their claims are not now in issue.
5. An administrative judgment under IC 25-36.5-1-3.2 should be entered in favor of McVey and against Midwest Timber in the amount of $1,200.