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Ruling: Easement to Eagle Creek indeed leads to water

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A trial court ruling that forbid residents of a lakefront subdivision from accessing the water from a public easement was overturned Monday by the Indiana Court of Appeals.

“Surely the reason for the easement was not merely to give residents a way to reach the edge of Bay Colony’s grounds so that they could gaze upon the shore and the water,” Senior Judge Randall Shepard wrote. The court reversed Marion Superior Judge Thomas Carroll’s ruling that limited access to the city-owned lake from the easement maintained by nonprofit neighborhood association Bay Colony Civic Corp.

“We thus conclude that the Association is correct that the easement was intended to give the residents a way to reach the reservoir,” Shepard wrote in Bay Colony Civic Corp. v. Pearl Gasper Trust and Bruce F. Waller, 49A05-1207-PL-365. “The trial court erred by barring residents from using the easement to access the water. … We reverse the trial court’s judgment and remand with directions to grant the Association’s motion for partial summary judgment.”

Pearl Gasper and Bruce Waller own lots in Bay Colony and posted private property signs on their docks unattached to their lots that had been built by previous owners. They also put up gates and fences to restrict access to the public reservoir. They cited plat language that said the easement “is established as an area over, through, and across which the owners in this subdivision, their tenants and invitees shall have access to public land adjoining Eagle Creek Lake.” They argued nothing in the easement language provided access to the water.  

After the plaintiffs blocked access to the reservoir from their docks, Bay Colony, the nonprofit neighborhood association, cleared brush, added riparian stone and made a footpath on the easement to make it safer and easier for residents to get to the water without using Gasper’s or Waller’s docks. Gasper and Waller sued the association and won an injunction from the trial court barring it from entering their lots, altering or removing their docks or blocking Gasper’s access to her dock. The trial court also agreed with the plaintiffs’ allegation that the association misused $1,732 to complete its upgrade.

The panel also reversed the monetary judgment. “We find no violation of the Association’s bylaws,” Shepard wrote.

 

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  1. 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.

  2. 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.

  3. 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)

  4. 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)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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