Legal Opinion

The Clear Creek Conservancy District v. Kirkbride

Indiana Supreme Court

Decided March 6, 2001No. 67S05-0004-CV-269PublishedCited by 1 opinion

1Opinion of the Court

ON PETITION TO TRANSFER -

SULLIVAN, Justice.

The Clear Creek Conservancy District assessed the Kirkbrides sewer construction costs of $3,800 for each of two lots. Thinking their total liability was $3,800 (rather than $7,600), the Kirkbrides did not object within the time period specified by law. They later asked a court for relief because of their "mistake or exceusa-ble neglect." We hold that once the statutory deadline passed, the assessment became final and the court had no authority to grant relief on grounds of mistake or excusable neglect.

Background

The Indiana Conservancy Act allows for…

2Cases cited11 opinions

  1. Martin v. Ben Davis Conservancy DistrictIndiana Supreme Court · 1958
  2. Board of Directors of Big Raccoon Conservancy District v. Kessler Farms Corp.Indiana Court of Appeals · 1977
  3. State Ex Rel. Agan v. HENDRICKS SUP. CT., GIBBS, JUDGEIndiana Supreme Court · 1968
  4. State v. RedmonIndiana Supreme Court · 1933
  5. Lehnen v. StateIndiana Court of Appeals · 1998

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In Re Petition for Establishment of Millpond Conservancy DistrictIndiana Court of Appeals · 2008

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