John E. Moriarity and Mae E. Moriarity v. Indiana Department of Natural Resources

Najam, Judge.

Statement of the Case

[1] John and Mae Moriarity (collectively "the Moriaritys") appeal the trial court's order in which the court affirmed the decision of the Natural Resources Commission ("the Commission") in favor of the Indiana Department of Natural Resources ("DNR") following the DNR's notice of violation issued to the Moriaritys and final order thereon. The Moriaritys present three issues for our review, which we restate as follows:

1. Whether the DNR erred when it exercised jurisdiction over the Moriaritys' dam.

2. Whether the DNR's determination that the Moriaritys' dam is a…