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Judges rule on Clark County surveyor's suit

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The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.

Robert Isgrigg, while Clark County surveyor, filed a complaint for declaratory judgment and permanent injunction against the Clark County Board of Commissioners and Clark County Drainage Board, claiming the boards didn’t follow Indiana Code with regards to his involvement in projects. He claimed that he should have been involved in a project in the Sunset Hills subdivision to fix surface water collecting onto the subject properties. Isgrigg argued that the improvements in Sunset Hill constituted a regulated drain under Indiana code, so he should have been involved. The drainage board had worked with Brian Dixon, a licensed engineer, regarding the surface water problems.

In Clark County Drainage Board and Clark County Board of Commissioners v. Robert Isgrigg, No. 10A05-1102-PL-68, the appellate court found there to be no genuine issues of material fact that there were any regulated drains in the subdivision, as is required to trigger the use of the county surveyor. There were no open channels in the subdivision either before or after the drainage board’s involvement in the project, Judge Edward Najam wrote.

But the COA did affirm summary judgment for Isgrigg in his complaint regarding whether the drainage board had authority to remove an obstruction in the Lancassange Creek project. On appeal, the drainage board conceded that the work should have been administered in accordance with Indiana Code 36-9-27.4, which should have included the participation of the county surveyor.

Because the appellate court held that each party was entitled to a partial grant of summary judgment, it vacated the award of costs to Isgrigg and ordered each party to pay their own costs.

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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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