STATE EX REL. PROSSER v. IND. WASTE SYS., INC.

No. 45A04-9102-CV-56.

603 N.E.2d 181 (1992)

STATE of Indiana On the Relation of Kathy Prosser, Commissioner, Indiana Department of Environmental Management (Plaintiff below), and City of Gary (Defendant below), Appellants, v. INDIANA WASTE SYSTEMS, Inc. (Intervenor below), Appellee.

Court of Appeals of Indiana, Fourth District.

November 23, 1992.


Attorney(s) appearing for the Case

Timothy J. Junk, Indianapolis, John C. Hamilton, Doran, Blackmond, Ready, Hamilton & Williams, South Bend, for appellant-plaintiff Indiana Dept. of Environmental Management.

Lewis D. Beckwith, Alan L. McLaughlin, James W. Clark, Baker & Daniels, Indianapolis, Gilbert King, Jr., Gary, for appellant City of Gary.

Robert F. Parker, Joy L. Colwell, Beckman, Kelly and Smith, Hammond, for appellee-intervenor, Indiana Waste Systems, Inc.

Steven R. Crist, Singleton Levy & Crist, Munster, Kevin M. Murphy, Latham & Watkins, Chicago, Ill., William J. Brown, Emmens, Hurd, Kegler & Ritter, Columbus, Ohio, for amici curiae.


SHIELDS, Judge.

The Indiana Department of Environmental Management (IDEM) and the City of Gary (Gary) appeal the judgment which the trial court entered after it rejected an agreed judgment submitted by IDEM and Gary. Indiana Waste Systems, Inc. (IWS) cross appeals the trial court's refusal to grant IWS certain litigation expenses.

We affirm in part and reverse in part with instructions to approve the proposed agreed judgment.

ISSUES

The parties...

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