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STATE EX REL. PROSSER v. LAKE CIR. COURT

No. 45S00-9009-OR-620.

565 N.E.2d 751 (1991)

STATE of Indiana On the Relation of Kathy Prosser, Commissioner, Indiana Department of Environmental Management, Relator, v. THE LAKE CIRCUIT COURT AND THE HONORABLE LORENZO ARREDONDO, As Judge Thereof, Respondents.

Supreme Court of Indiana.

Rehearing Denied April 11, 1991.

Attorney(s) appearing for the Case

John C. Hamilton, Doran, Blackmond, Ready, Hamilton & Williams, South Bend, for relator.

Robert F. Parker, Joy L. Colwell, Beckman, Kelly & Smith, Hammond, for respondents.

SHEPARD, Chief Justice.

The Indiana Department of Environmental Management (IDEM) sought a writ of mandamus to compel a trial court to grant a motion for change of venue after a third party intervened in IDEM's suit against the City of Gary, Indiana (City). We denied the writ and now record the basis for our denial.

On June 21, 1977, IDEM's predecessor in interest, the Stream Pollution Control Board, sued the City in the Lake Circuit Court. It sought an order...

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