Reverses tc order determining way in which NRC evaluated parties’ respective riparian rights was contrary to law

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Appellant-respondent Michael Lukis appeals the trial court’s order determining that the way in which the Indiana Natural Resources Commission (NRC) evaluated the parties’ respective riparian rights was contrary to law and remanding the matter for reconsideration. Lukis argues that in arriving at that result, the trial court overstepped its authority on judicial review of an administrative action.
Conclusion (slip op. at 15): The judgment of the trial court is reversed.
Key Analysis (slip op. at 12, 13):  The Nosek apportionment method would be a perfectly appropriate way to solve the parties’ dispute, but this method has never been adopted as a fixed rule in Indiana. The trial court, therefore, erroneously concluded that the NRC’s failure to follow the Nosek rule was contrary to law . . . That there may have been other results that would, likewise, have been equitable does not mean that the NRC arrived at a result that was erroneous or contrary to law. Nothing in the NRC’s decision warrants second-guessing from the judicial system.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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