Indiana DLandowner's request for floodway construction permit was denied by the Natural Resources Commission (NRC), and landowner sought judicial review. The Marion Superior Court, James S. Kirsch, J., vacated NRC's order. NRC appealed. The Court of Appeals, Ratliff, C.J., held that: (1) landowner had burden of proving that no harm would come to fish, wildlife or botanical resources through its proposed construction (2) property was "floodway" within meaning of Indiana Flood Control Act and (8) landowner was not denied fundamental due process.epartment of Natural Resources v. United Refuse Co.

Indiana Court of Appeals