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Soames v. Indiana Department of Natural Resources

Court of Appeals of Indiana

934 N.E.2d 1154 (2010)

Relevant factsFree

After Young Oil's lease with landowner Soames (plaintiff) was terminated by a court and Young stopped producing oil on her property, the Department of Natural Resources (defendant) found the wells noncompliant with state law and ordered them plugged; Young offered to plug the wells but Soames refused it access to her property, leading an administrative law judge to find both parties had a duty to plug the wells, a finding the department adopted while allowing Soames to have a licensed professional (at her expense) observe the process, and Soames sought judicial review arguing the department abused its discretion since the statute didn't mandate plugging.

IssueFree

Whether an administrative agency abuses its discretion by ordering a landowner to plug oil wells no longer operated for the purpose for which they were permitted.

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