ILNews

Dam dispute rightly decided, Court of Appeals rules

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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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  1. Here an atheist worries about the Indiana rules, when the real and demonstrated problems are (1) anti-Christian bias and (2) a refusal to follow their own rules as to the Indiana Board of Law Examiners! Such sweet, sweet irony! See, e.g. https://www.scribd.com/doc/299040062/Brown-ind-Bar-memo-Pet-cert and https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  2. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  3. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  4. Jeste?my najlepszym Kancelaria w Olkuszu. Odwied? nas na prawnika (adwokat) do wynaj?cia w Chrzanowie, Wadowicach i Olkuszu. Lokalny prawnik lub adwokat do wynaj?cia. adwokat wadowice

  5. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

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