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Sunday, September 29, 2013

Ind. Decisions - "Supreme Court won't hear drainage case"

The $$ Vincennes Sun-Commercial posted this "teaser" today:

The Indiana Supreme Court will not hear the case involving a Knox County man who disagreed with a decision by the county drainage board that allows neighbors to pump water into Snapp Ditch west of Oaktown.

Chief Justice Brent E. Dickson informed the parties that the court wouldn't hear the case, thereby upholding a local court's decision letting the drainage board's ruling stand.

The remainder of the article is available only to subscribers.

A little research reveals that transfer was denied 5-0 on Sept. 26th in the case of Richard J. Bond v. Knox County Drainage Board. The April 25, 2013 NFP Court of Appeals opinion, however, is interesting. Judge Riley writes, re Count I:

Referencing this statute [IC 36-9-27-17], Bond asserted that Vermillion and the Drainage Board violated the statute because (1) the Cardinals did not submit the required specifications and (2) Vermillion did not make a determination that Snapp Ditch was adequate to handle the additional flow of water.

As pointed out by the trial court—and we agree—IC 36-9-27-17 lists the requirements a county surveyor must adhere to when a landowner wants to connect his private drain to a regulated drain; the statute does not require any action from the Drainage Board. As such, Count I is not available for judicial review pursuant to IC 36-9-27-106(a) because the Drainage Board did not issue a final order and determinations from the county surveyor are not available for judicial review.

The dissent by Judge Baker concludes:
I cannot agree with the bald assertion that determinations from a county surveyor are not available for judicial review.

Posted by Marcia Oddi on September 29, 2013 11:49 AM
Posted to Ind. Sup.Ct. Decisions