ILNews

COA affirms conservancy district

Jennifer Nelson
January 1, 2008
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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.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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