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Saturday, March 24, 2012

Ind. Decisions - Associational standing challenge fails, Court rules transfer improvidently granted

On March 15th the Supreme Court heard oral argument in Indiana-Kentucky Electric Corp., et al. v. Save the Valley, Inc., et al. At that time the summary posted on the Court site read:

Indiana-Kentucky Electric Corporation (IKEC) filed a petition for judicial review asking the trial court to rule that certain citizens’ groups lacked the authority to obtain administrative review of a permit-renewal decision, but the trial court dismissed the petition. The Court of Appeals affirmed, relying on the law-of-the-case doctrine and noting that an earlier appeal held that these citizens’ group had associational standing to represent their members aggrieved by the permit renewal. Indiana-Kentucky Electric Corporation v. Save The Valley, Inc., 953 N.E.2d 511 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
On March 22nd, the Supreme Court issued this (just posted), one-page, 3-2 Order, written by Acting Chief Justice Dickson:
By order dated February 7, 2012, the Court granted transfer of jurisdiction in this appeal. After further review, including oral argument, the Court has determined that transfer of jurisdiction was improvidently granted. Accordingly, the order granting transfer of jurisdiction is VACATED. The transfer petition filed by the Appellant is DENIED. The Court of Appeals opinion, Indiana-Kentucky Elec. Corp. v. Save the Valley, Inc., 953 N.E.2d 511 (Ind. Ct. App. 2011), is no longer vacated and is REINSTATED. This appeal is at an end. See Ind. Appellate Rule 58(B). * * *

All Justices concur, except Shepard, C.J., and David, J., who vote to grant transfer.

Here is the now-reinstated Court of Appeals opinion in Indiana-Kentucky Elec. Corp. v. Save the Valley, Inc.

Posted by Marcia Oddi on March 24, 2012 09:23 AM
Posted to Environment | Ind. Sup.Ct. Decisions