ILNews

COA affirms conservancy district

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals had the opportunity to determine whether construction of a bridge and road is permitted under Indiana Code when establishing a conservancy district, but didn't rule on the issue because taxpayers wouldn't be responsible for paying for construction.

In In re: Petition for the establishment of the Millpond Conservancy District, No. 76A03-0711-CV-536, remonstrators argued the trial court erred in establishing a conservancy district initiated by the Town of Hamilton. They claim because the construction of a road and bridge in the proposed project underlying the district doesn't appear in the statute that lists permissible purposes for the establishment of a conservancy district, Indiana Code Section 14-33-1-1, the project should have been scrapped.

Hamilton wanted the district to make improvements to a dam and spillway on Hamilton Lake, as well as a new bridge and road. At a hearing held by the Natural Resources Commission on Hamilton's petition for the district, representatives for the Department of Natural Resources testified that the Indiana Department of Transportation would pay all costs for the bridge and road. Eventually, the trial court approved the petition.

I.C. Section 14-33-1-1(a) lists the reasons for establishing a conservancy district, with Hamilton's amended petition for the establishment of the conservancy district listing subsection 9(a) - "operation, maintenance, and improvement of: a work of improvement for water based recreational purposes."

Whether the construction of a road or bridge falls under that subsection or any of the other ones listed in the statute is an important question worthy of debate, wrote Judge Patricia Riley. However, the court didn't address the issue because the remonstrators wouldn't be financially responsible for the construction of the bridge and road.

The remonstrators' argument against the conservancy district is they don't want to be taxed to pay for construction, just for flood prevention and control. Since INDOT is paying for the construction, the appellate court doesn't need to determine whether that portion of the project is a permissible purpose for creating a conservancy district under I.C. Section 14-33-1-1, wrote the judge. As a result, the Court of Appeals affirmed the establishment of the district.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

ADVERTISEMENT