City of Elkhart v. Curtis Realty Co.

This appeal presents serious questions of the scope and proper application of the Acts of 1967, ch. 357, being Burns’ Ind. Stat. Ann. §§ 3-3301 through 3-3308, commonly called the Public Lawsuit Statute. This is an appeal from an interlocutory order in which the trial court denied a petition of the appellant which alleged that the appellee’s suit was a public lawsuit and requesting a hearing and order against the plaintiff to post bond pursuant to Burns’ Ind. Stat. Ann. § 3-3305. The court in denying this petition, in effect determined that the suit by appellee seeking judicial review of a…