DeMayo v. State ex rel. Department of Natural Resources

HOFFMAN, Judge.

Defendants-appellants Francis and Mar-len DeMayo appeal from a prohibitive and mandatory injunction granted to the plaintiff-appellee State of Indiana, Department of Natural Resources. The injunction ordered DeMayos to remove five feet of their patio-seawall construction which was found to encroach upon the legal shoreline of Lake Gage in Steuben County and to restrain from building any construction altering the shoreline until their prior compliance with all applicable statutes.

Three issues are argued upon appeal: whether the State sustained its burden of proving an…