ILNews

COA affirms conservancy district

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrint
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT