The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding his involvement in two county projects, but found his assertions on rehearing are without merit.
In their original opinion, the judges affirmed summary judgment for Robert Isgrigg on his request that he should have been involved in a project involving Lancassange Creek, but reversed summary judgment for him regarding whether he should have been involved in a project in the Sunset Hills subdivision. Isgrigg claimed the Clark County Drainage Board didn’t follow Indiana Code with regard to his involvement in projects.
The judges found Isgrigg missed his opportunity to present on appeal his argument that the Sunset Hills project involved tile drains and that he may not do so for the first time in his petition for rehearing. They also rejected his claim that a swale is a regulated drain under Indiana Code.
The COA affirmed its original opinion in all respects in Clark County Drainage Board and Clark County Board of Commissioners v. Robert Isgrigg, No. 10A05-1102-PL-68.