Ridenour v. Furness

Summary

The Supreme Court of Indiana reviewed an interlocutory appeal concerning a preliminary injunction against the Department of Natural Resources' emergency ban on gill nets in Lake Michigan. The court applied the public-interest exception to mootness, adopted the Court of Appeals' reasoning regarding the appellees' lack of standing, and reversed the trial court. The court also rejected reliance on a liquor-permit case as establishing a property interest in the fishing licenses.

Holdings

1. A moot challenge may be considered on the merits under Indiana's public-interest exception when the issue recurs year after year, is of great public interest, and the nature of the governing regulations makes recurrence and repeated litigation likely.
2. The appellees lacked standing to challenge the DNR's emergency order because they had no legally cognizable property right in the relevant licenses or permits sufficient to support the action.

Questions Presented

1. Whether the otherwise moot challenge to the Department of Natural Resources' temporary gill-net ban should be considered under Indiana's public-interest exception to the mootness doctrine.
2. Whether the appellees had standing to challenge enforcement of the Department of Natural Resources' emergency order.
3. Whether the trial court properly issued a preliminary injunction against the Department of Natural Resources' Director.

Disposition

reversed