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Dam dispute rightly decided, Court of Appeals rules

June 30, 2014

An Owen County property owner who sued a neighbor over the enlargement of a dam that he said shed water onto his property received no relief at the Indiana Court of Appeals on Monday.

The panel affirmed the ruling of the trial court in favor of defendants in Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wife, 60A01-1312-PL-518. The trial court also denies Samples’ motion to correct error. Samples had asserted trespass and nuisance claims, alleging the expanded dam that rose about 12 feet above his property in Poland, Ind., encroached on his land and that water collected on his property at the base of the dam after it was enlarged.

But the Court of Appeals found that credible evidence to the contrary had been presented during a bench trial, and the trial court found that evidence more believable. The appeal constituted a request to reweigh the evidence, the panel ruled.
 
"The trial court’s judgment in favor of the Bannons is not contrary to law. Samples did not establish his entitlement to injunctive relief or damages,” the panel concluded.
 

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