State Ex Rel. Zirkle v. Fox

WORKMAN, Justice:

Mr. John Zirkle (hereinafter “Mr. Zirkle” or “petitioner”) seeks a writ of prohibition preventing the enforcement of a June 1, 1998, judgment of the Circuit Court of Marion County, directing that Mr. Zirkle be incarcerated for civil contempt of court. We deny the requested writ.

I. Facts

The City of Fairmont filed a “Petition for Abatement of Public Nuisance and Mandatory Injunction” against Mr. John Zirkle and Mr. Tulasi Joshi 1 on June 17, 1997. The City requested the lower court to enter an order declaring that certain real estate constituted a public nuisance, to issue a…