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RIDENOUR v. FURNESS

No. 06A01-8610-CV-267.

504 N.E.2d 336 (1987)

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

Court of Appeals of Indiana, First District.

Rehearing Denied March 25, 1987.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Schaefer, Deputy Atty. Gen., Robert D. MacGill, David O. Tittle, Bingham Summers Welsh & Spilman, Indianapolis, for appellants.

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

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

James M. Ridenour and the Michigan City Charter Boat Association interlocutorily appeal the trial court's imposition of a preliminary injunction. We reverse.

FACTS

Several years of concern for the protection and enhancement of Lake Michigan's ecology culminated on August 22, 1986, with the promulgation by the Indiana Department of Natural Resources (DNR) of an emergency order temporarily banning...

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