State Ex Rel. Cittadine v. Indiana Department of Transportation

DICKSON, Justice.

The relator-appellant Jack Cittadine appeals from the trial court’s denial of his petition for an emergency and permanent writ of mandamus to require the Indiana Department of Transportation (“INDOT”) to enforce Indiana’s Clear View Statute 1 against Michigan Southern Railroad (“Michigan Southern”) and any other railroad in violation of the statute. 2 The Court of Appeals affirmed, finding that Cittadine lacked standing to bring this action. Cittadine v. Indiana Dept. of Transp., 750 N.E.2d 893, 896 (Ind.Ct.App. 2001). We grant transfer to acknowledge the availability of the…