DEPT. OF ENVIRO. v. CHEMICAL WASTE

No. 49S00-9310-CV-1143.

643 N.E.2d 331 (1994)

THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, and Kathy Prosser in Her Official Capacity As Commissioner of the Indiana Department of Environmental Management, Appellants, v. CHEMICAL WASTE Management, Inc., Appellee. and the City of New Haven, Indiana, Intervenor.

Supreme Court of Indiana.

December 1, 1994.


Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., Arend J. Abel, Sp. Counsel for Legal Policy, Lisa A. McCoy, Leslie H. Williams, Deputy Attys. Gen., Office of the Atty. Gen., Indianapolis, for appellants.

George Plews, Sue A. Shadley, Peter M. Racher, Jeffrey D. Claflin, Plews & Shadley, Indianapolis, for appellee.


ON DIRECT APPEAL

DeBRULER, Justice.

This case comes to us on direct appeal from the trial court judgment finding Indiana Code 13-7-10.2, the "Good Character" law ("Statute"), unconstitutional. Ind.Appellate Rule 4(A)(8). Appellants Indiana Department of Environmental Management ("IDEM") and Kathy Prosser, Commissioner of the Indiana Department of Environmental Management ("Commissioner"), raise the following issues:

1) whether the case is sufficiently...

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