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RIDENOUR v. FURNESS

No. 06S01-8710-CV-963.

514 N.E.2d 273 (1987)

James M. RIDENOUR, As Director of the Indiana Department of Natural Resources, Appellant, and Michigan City Charter Boat Association, Appellant, v. Clay FURNESS, Chris Furness, Jeff Furness, Mike Brazinski, Harold Bucy, Chris Camalick, Clem Cho, Bill Dickinson, John Hart, Lance Kaeding, Tom Mayoch and Howard Westerman, Appellees, and Phil Smidt & Son, Inc., Appellees.

Supreme Court of Indiana.

October 19, 1987.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Schaefer, Deputy Atty. Gen., Indianapolis, for appellants.

Timothy F. Kelly, Randall J. Nye, Beckman, Kelly and Smith, Hammond, W. Theodore Robinette, Bulen & Castor, Indianapolis, for appellees.

GIVAN, Justice.

The Department of Natural Resources (DNR) promulgated an emergency order temporarily banning use of gill nets by fishermen in Lake Michigan. Commercial fishermen and a restaurant sought to enjoin the DNR's Director, James M. Ridenour, from enforcing the emergency order. The trial court issued a preliminary injunction against the DNR. The DNR brought this interlocutory appeal.

The Court of Appeals, in an opinion by Chief Judge Ratliff, reversed...

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