State Ex Rel. Sekerez v. Lake Superior Court, Room 4

Dissenting Opinion

DeBruler, J.

Zarko Sekerez, taxpayer and citizen of the Sanitary District of Gary, Indiana, opposing the construction of a new sewage treatment facility within that District, filed two suits before Judge Moody in the Lake Superior Court against the Board of Commissioners of the Sanitary District of Gary seeking to enjoin the project. These suits were dismissed in 1973, pursuant to applicable provisions of the Public Lawsuit Statute (Ind. Code §§ 34-4-17-1 through 34-4-17-8, being Burns §§ 3-3301 through 3-3308) for failure to post a bond. Such dismissal order was affirmed by…