Pending final determination of the judicial review proceeding, the court may grant temporary relief if the following conditions are met:

1. (1) All parties to the proceedings were:

   1. (A) notified; and
   2. (B) given an opportunity to be heard on a request for temporary relief.
2. (2) The person requesting the relief shows a substantial likelihood that the person will prevail on the merits of the final determination of the proceeding.

3. (3) The temporary relief will not:

   1. (A) adversely affect the public health or safety; or

   2. (B) cause significant imminent environmental harm to land, air, or water resources.

      [Pre-1995 Recodification Citation: 13-4.1-13-3.]

As added by P.L.1-1995, SEC.27.