Gilmer v. Board of Commissioners

I must respectfully dissent to this Court’s refusal to grant the petitions to transfer filed in the above-entitled cause. Therein, both the defendants, Walter and Helen Gil-mer, and the plaintiff, the Board of Commissioners of Marshall County, seek review of the Court of Appeals’ opinion found at Gilmer v. Board of Commissioners of Marshall County, (1981) Ind.App., 428 N.E.2d 1318 (Hoffman, P. J., concurring in result).

The dispute between the Gilmers and the Marshall County Board of Commissioners involves the matter of adjacent landowners’ responsibilities vis-a-vis each other’s property with…