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PROSSER v. J.M. CORP.

No. 49A04-9309-CV-355.

629 N.E.2d 904 (1994)

Kathy PROSSER, in Her Official Capacity As Commissioner of the Indiana Department of Environmental Management, Appellant-Defendant, v. J.M. CORPORATION, Appellee-Plaintiff.

Court of Appeals of Indiana, Fourth District.

February 28, 1994.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., Beth H. Henkel, Deputy Atty. Gen., Indianapolis, for appellant-defendant.

John M. Kyle III, Brian J. Martin, Kiply S. Drew, Barnes & Thornburg, Indianapolis, for appellee-plaintiff.

Robert R. Clark, Scott R. Alexander, Lowe, Gray, Steele & Hoffman, Indianapolis, for amicus curiae.

RILEY, Judge.

STATEMENT OF THE CASE

This is an appeal from a declaratory judgment and permanent injunction entered by the Marion County Circuit Court vacating Defendant-Appellant Indiana Department of Environmental Management's (IDEM) denial of Plaintiff-Appellee J.M. Corporation's (J.M.) landfill operating permit application. We affirm.

ISSUES 1. Whether the trial court erred by entering declaratory judgment and injunctive relief before...

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