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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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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