Zarko Sekerez v. Youngstown Sheet and Tube

suits, plaintiff-appellant Zarko Sekerez, on September 18, 1973, filed a complaint in the Lake Circuit Court against defendant-appellee Youngstown Sheet and Tube Company (Youngstown). The complaint generally sought temporary and permanent equitable relief and alleged, inter alia, that Youngstown had, for a number of years, been discharging chemicals and matter into the atmosphere thereby giving rise to pollution and causing the destruction of the environment. Subsequently, Youngstown filed a motion to dismiss for lack of jurisdiction over the subject-matter, alleging that Sekerez had failed to exhaust administrative remedies and had failed to comply with the procedural requirements set forth in IC 1971, 13-6-1-1 (Blurns Code Ed.). The trial court thereafter granted Youngstowns motion to dismiss. Following the overruling of his motion to correct errors, Sekerez perfected this appeal. Whether the trial court erred in granting Youngstowns motion to dismiss represents the central issue to be considered on review.