Legal Opinion

Thomas R. Crowel v. Marshall County Drainage Board

Indiana Supreme Court

Decided July 30, 2012No. 50S03-1202-MI-71PublishedCited by 12 opinions

1Opinion of the Court

SULLIVAN, Justice.

Thomas Crowel appeals a Marshall County Drainage Board order assessing him a portion of a drain-reconstruction project’s costs, contending that he receives no benefit from the project because his land was adequately drained before the reconstruction. We affirm the assessment because under Indiana law, all landowners whose surface water flows into a drain receive a benefit by virtue of that drainage.

Background

The Indiana Drainage Law, Ind.Code §§ 36-9-27-1 to -114 (2007), establishes an extensive and detailed regulatory scheme for addressing drainage issues. It creates a…

2Cases cited28 opinions

  1. Barkley v. . WilcoxNew York Court of Appeals · 1881
  2. Armstrong v. Francis Corp.Supreme Court of New Jersey · 1956
  3. Taylor v. FickasIndiana Supreme Court · 1878
  4. Troxel v. TroxelIndiana Supreme Court · 2000
  5. City of North Vernon v. Jennings Northwest Regional UtilitiesIndiana Supreme Court · 2005

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3Cited by12 opinions

  1. In the Matter of the Supervised Estate of Gary D. Kent John David Kent and Kevin Kent, as Co-Personal Representatives of the Estate of Gary D. Kent Nicholas Kent and David Kent v. Cynthia KerrIndiana Supreme Court · 2018
  2. Janet L. Himsel, Martin Richard Himsel, Robert J. Lannon, Susan M. Lannon v. Samuel Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock, LLC, and Co-Alliance, LLP and State of IndianaIndiana Court of Appeals · 2019
  3. Rodney Killebrew II v. State of IndianaIndiana Court of Appeals · 2012
  4. John A. Hutchinson v. The City of MadisonIndiana Court of Appeals · 2013
  5. Virginia Tramill, Miah Gant, Marquel Cheaney and Jeremiah Tramill, the Mother and Children of Sara Tramill v. Anonymous Healthcare ProviderIndiana Court of Appeals · 2015

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