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STATE EX REL. D.N.R. v. MASON

No. 3-880A244.

416 N.E.2d 1312 (1981)

STATE of Indiana, On the Relation of the Department of Natural Resources, Appellant (Plaintiff below), v. John C. MASON et al., Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied April 21, 1981.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Schaefer, Asst. Atty. Gen., Indianapolis, for appellant.

Thomas H. Singer, Lysohir & Singer, South Bend, for appellees.

MILLER, Judge.

The Department of Natural Resources (Department) appeals the denial of its complaint for injunctive relief against John C. Mason. The Department sought both a prohibitory injunction to prevent alteration of the Lake Wawasee shoreline adjacent to Mason's property and a mandatory injunction to require restoration of the shoreline and lakebed to the natural condition existing prior to Mason's excavation in preparation for constructing a seawall pursuant...

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