Legal Opinion

Change to the Established Water Level of Lake of the Woods v. Ralston

Indiana Court of Appeals

Decided May 3, 2001No. 50A04-0009-CV-390PublishedCited by 5 opinions

1Opinion of the Court

OPINION

HOFFMAN, Senior Judge.

Petitioner-Appellant Lake of the Woods Property Owners Association (the "Association") appeals the trial court's dismissal of its petition pertaining to the water level of Lake of the Woods, a natural public freshwater lake located in Marshall County, Indiana. We reverse and remand.

The Association raises three issues for our review, which we consolidate and restate as: Whether Ind.Code § 14-26-8 should be interpreted to afford the Association procedural due process before a final determination regarding the propriety of the petition is made.

In 1999, the…

2Cases cited9 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Baldwin v. ReaganIndiana Supreme Court · 1999
  3. Indiana High School Athletic Ass'n v. Carlberg Ex Rel. CarlbergIndiana Supreme Court · 1997
  4. Wilson v. Board of the Indiana Employment Security DivisionIndiana Supreme Court · 1979
  5. Haimbaugh Landscaping, Inc. v. JegenIndiana Court of Appeals · 1995

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3Cited by5 opinions

  1. Don H. Gunderson and Bobbie J. Gunderson, Co-Trustees of the Don H. Gunderson Living Trust v. State of Indiana, Indiana Department of Natural Resources, Alliance for the Great LakesIndiana Supreme Court · 2018
  2. In re the Change to the Established Water Level of Lake of the WoodsIndiana Court of Appeals · 2005
  3. Lake Central School Corp. v. ScartozziIndiana Court of Appeals · 2001
  4. Indiana Department of Natural Resources v. Lake George Cottagers Ass'nIndiana Court of Appeals · 2008
  5. Ind. Bell Tel. Co. v. IND. UTIL. REG. COM'NIndiana Court of Appeals · 2002

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