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Judges uphold original decision in Clark County surveyor's suit

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The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding his involvement in two county projects, but found his assertions on rehearing are without merit.

In their original opinion, the judges affirmed summary judgment for Robert Isgrigg on his request that he should have been involved in a project involving Lancassange Creek, but reversed summary judgment for him regarding whether he should have been involved in a project in the Sunset Hills subdivision. Isgrigg claimed the Clark County Drainage Board didn’t follow Indiana Code with regard to his involvement in projects.

The judges found Isgrigg missed his opportunity to present on appeal his argument that the Sunset Hills project involved tile drains and that he may not do so for the first time in his petition for rehearing. They also rejected his claim that a swale is a regulated drain under Indiana Code.

The COA affirmed its original opinion in all respects in Clark County Drainage Board and Clark County Board of Commissioners v. Robert Isgrigg, No. 10A05-1102-PL-68.

 

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  2. 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.

  3. 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.

  4. 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.

  5. 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.

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