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Friday, November 12, 2010

Ind. Decisions - "Avon law to control groundwater invalid"

That is the headline to this story this afternoon by the Indianapolis Star's Josh Duke, referencing this morning's COA decision in Town of Avon v. West Central Conservancy District, et al. (ILB summary here, 4th case). Some quotes:

In its 23-page ruling, the Indiana Court of Appeals agreed with Hendricks County Judge Mark A. Smith. In February, Smith ruled in favor of Washington Township and the West Central Conservancy District in all but one count regarding the town ordinance that was passed in 2008 to regulate the removal of groundwater in the Avon area.

"Avon may not interfere with the appellees' common law right to use the groundwater in its aquifers as it sees fit," today's Indiana Court of Appeals ruling concluded. * * *

Avon's ordinance was crafted in response to an Indianapolis Water study finding of a potential water supply shortage in the future. That study recommended local governments preserve water resources.

Avon conducted its own engineering study before adopting an ordinance. That ordinance approved in April 2008 attempted to protect water resources in the community to ensure an adequate supply.

In response, both the township and conservancy district sued the town later that year.

Posted by Marcia Oddi on November 12, 2010 03:38 PM
Posted to Ind. App.Ct. Decisions