The three-judge panel of L. Mark Bailey, Cale Bradford, and Melissa May travel to southern Indiana to hear arguments before the Sherman Minton Inns of Court in Jeffersonville on April 9.
The judges will hear the case Indiana Department of Natural Resources v. Lake George Cottagers Association, No.76A03-0708-CV-381, at 5:30 p.m. at the banquet hall Kye’s I, 500 Missouri Ave., Jeffersonville.
At issue is who owns the land beneath a dam – the state or the Cottagers Association – and who is responsible for maintaining the dam. The association obtained a judgment that the state owns the property under the dam and is required to repair it. The state argues an Indiana statute gives the state only limited control over the lake to regulate public access and both the state and the association have behaved as if the land was deeded to the association.