8 N.E.3d 698
Ind. Ct. App.2014Background
- Threaded Rod and Moran, adjacent property owners, seek intervention and injunction in proceedings involving IDEM, the City, and Ertel over hazardous-site contamination.
- Ertel manufactured site contamination potentially affects neighboring properties including Threaded Rod's; IDEM seeks remediation costs and remedies.
- Settlements: Administrative Order and Ertel Settlement Agreement aim to remediate off-site contamination and fund future actions via escrow accounts totaling $846,000 for IDEM's future costs.
- Trial court approved the Ertel Settlement Agreement; IDEM later issued a No Further Action Letter (NFA) regarding the Ertel site, leaving funds in escrow.
- Moran petitions for administrative review of the NFA Letter; Threaded Rod seeks intervention in Moran’s administrative objection and in the IDEM-Ertel civil action.
- IDEM and the City urge dismissal for lack of jurisdiction and/or untimeliness; Appellants argue the trial court has jurisdiction and should preserve funds for off-site remediation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether the trial court had subject matter jurisdiction | Threaded Rod argues the court should hear claims; primary jurisdiction applies to administrative review | IDEM/City contend AOPA/exhaustion require OEA review and lack of jurisdiction in court | Subject matter jurisdiction exists; stay under primary jurisdiction until administrative action final |
| whether the trial court properly denied intervention | Threaded Rod and Moran have immediate, direct interests and inadequate representation | IDEM/City claim no timely or proper basis to intervene; interests not sufficiently impacted | Trial court abused discretion; intervention should be granted and case remanded |
Key Cases Cited
- Raybestos Prod. Co. v. IDEM, 897 N.E.2d 469 (Ind. 2008) (AOPA review exclusive; agency actions review by OEA)
- NJK Farms, Inc. v. IDEM, 921 N.E.2d 834 (Ind. Ct. App. 2010) (settlement/shared agency review; exhaust remedies; AOPA applicability)
- Fratus v. Marion Community Schools Bd. of Trustees, 749 N.E.2d 40 (Ind. 2001) (primary jurisdiction; school board vs union claims; IEERB exclusive review)
- Austin Lakes Joint Venture v. Avon Utils., Inc., 648 N.E.2d 641 (Ind. 1995) (administrative review process; agency expertise and record)
- Town Council of New Harmony v. Parker, 726 N.E.2d 1217 (Ind. 2000) (exhaustion of administrative remedies prerequisite to judicial review)
- Parkview Hosp., Inc. v. Geico Gen. Ins. Co., 977 N.E.2d 369 (Ind. Ct. App. 2012) (subject matter jurisdiction via constitutional/statutory authority)