Mattingly v. Warrick County Drainage Board

OPINION

HOFFMAN, Senior Judge.

Plaintiff-Appellant John T. Mattingly appeals the grant of summary judgment in favor of Defendant-Appellee, the Warrick County Drainage Board, and the denial of his motion for partial summary judgment. Mattingly raises four issues, which we reorder and restate as:

1. Whether the trial court properly considered affidavits submitted by the Drainage Board in support of its motion for summary judgment.

2. Whether Ind.Code § 36-9-27-33 creates a seventy-five foot right-of-way over Mattingly's property.

3. Whether Mattingly purchased the relevant property subject to the…