State Ex Rel. Root v. Circuit Court of Allen County

This original action was commenced by relator Joseph R. Root, Commissioner of the Bureau of Motor Vehicles, seeking the issuance of a Writ of Prohibition to forbid Respondent Circuit Court of Allen County and the Honorable Herman F. Busse, Judge of that court, from continuing to enforce the provisions of a temporary restraining order issued on behalf of Anthony Stellar, Petitioner below. The restraining order had the effect of staying the suspension of Stellar’s drivers license pending a hearing on whether or not Stellar was entitled to a restricted driving permit.

The facts giving rise to the…