Thomas and Jae Breitweiser, Michael Bowen, Sue Passwater, and members of Save the Valley, Inc. (collectively “Residents”) appeal the trial court’s denial of their motion to correct error. The Residents raise three issues on appeal. However, we address the following dispositive issue: whether the trial court lacked subject matter jurisdiction over a private claim for declaratory and injunctive relief arising from activity regulated by the Indiana Department of Environmental Management (“IDEM”).
Conclusion (slip op. at 4): We affirm the trial court’s dismissal of the Residents’ complaint, and remand with instructions to vacate the existing orders and to enter an order dismissing the complaint for lack of subject matter jurisdiction.
Key Analysis (slip op. at 4): If landowners included in their complaint a request for monetary damages for any taking, trespass, or nuisance caused by discharge from the sewage treatment project, the case might well present issues for ultimate determination by the trial court following completion of the permitting process . . In the instant dispute . . . there was no claim for monetary damages.