No. 56S05-9905-CV-298.

729 N.E.2d 577 (2000)

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, et al., Appellants (Defendants Below), v. MEDICAL DISPOSAL SERVICES, INC., Appellee (Plaintiff Below).

Supreme Court of Indiana.

June 9, 2000.

Attorney(s) appearing for the Case

Karen Freeman-Wilson, Attorney General of Indiana, John B. Laramore, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellant.

Kenneth D. Reed, Hammond, Indiana, Attorney for Appellee.

SHEPARD, Chief Justice.

In 1994, Medical Disposal Services, Inc. (MDSI), sought declaratory judgment that its operations were not subject to the Indiana Department of Environmental Management's (IDEM) permit requirement for solid waste transfer stations. Though MDSI won a preliminary injunction prohibiting any IDEM enforcement action, it ultimately lost on the merits. It did persuade the trial court, however, that IDEM...

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