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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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