Legal Opinion
Natural Resources Commission of the Indiana Department of Natural Resources v. Porter County Drainage Board
Indiana Court of Appeals
Decided July 10, 1990No. 64A04-8911-CV-501PublishedCited by 2 opinions
1Opinion of the Court
CHEZEM, Judge.
Case Summary
Plaintiffs/Appellants, the Natural Resources Commission of the Indiana Depart*1388ment of Natural Resources (NRC), appeals the trial court's denial of its application for temporary restraining order and complaint for preliminary and permanent injunction. We reverse.
Issue
Whether the trial court properly interpreted Ind.Code 18-2-22 in denying NRC's application for temporary restraining order and complaint for preliminary and permanent injunction.
Facts
Salt Creek runs through Porter County, Indiana, is approximately twenty-four and one-half (24%) miles long, and is a…
2Cases cited5 opinions
- Barr v. Sun Exploration Co., Inc.Indiana Court of Appeals · 1982
- Terre Haute Savings Bank v. Indiana State BankIndiana Court of Appeals · 1978
- Bender v. State Ex Rel. WarehamIndiana Court of Appeals · 1979
- USS, A Division of USX Corp. v. Review Board of the Indiana Employment Security DivisionIndiana Court of Appeals · 1988
- State Board of Public Welfare v. WatkinsIndiana Court of Appeals · 1984
3Cited by2 opinions
- 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 · 1992
- NATURAL RES. COM'N v. Porter CountyIndiana Supreme Court · 1991