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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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