A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.
Judges Michael Barnes, Terry Crone and Rudolph Pyle will hear arguments in the case of Union County v. the Indiana Department of Transportation and its commissioner, Brandye Hendrickson, 81A01-1603-PL-00696, at 12:30 p.m. Wednesday in the McCartan Courtroom of the Notre Dame Law School in South Bend.
In the case, the Union County Board of Commissioners is appealing the dismissal of its declaratory judgment action against INDOT and Hendrickson. The county alleges that while INDOT was performing road construction work in the county, it negligently damaged the septic systems of at least three private property owners. Further, the county says INDOT has refused to investigate or remedy the claims against it.
The board of commissioners filed a declaratory judgment action against INDOT and sought to compel the department to remedy the alleged negligent work. INDOT moved to dismiss the county’s complaint, and the trial court granted that motion.
The county is now appealing, asserting that it has standing in its complaint against INDOT because of the public health risk of raw sewage leaks to its residents.