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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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