Gilmer v. Board of Com'rs of Marshall County
Indiana Court of Appeals
1Opinion of the Court
GARRARD, Judge.
This is an interlocutory appeal from the granting of a temporary injunction and the court’s subsequent refusal to dissolve the injunction.
The evidence disclosed that surface waters flowed across Hickory Road and onto farmland owned by Gilmer. There was evidence that the roadbed at the point in question had sunk about four feet since it was constructed in 1928. This occurred because it was built over muck.
Gilmer acquired the land in 1964 and sought to have the county commissioners put in a ditch that would drain the surface waters occurring from rains. They, however, declined to…
Also in this document: Concurrence.
2Cases cited9 opinions
- Peters v. Davidson, Inc.Indiana Court of Appeals · 1977
- Capes v. BargerIndiana Court of Appeals · 1953
- Elder v. City of JeffersonvilleIndiana Court of Appeals · 1975
- Schlichter v. PhillipyIndiana Supreme Court · 1879
- Gwinn v. MYERSIndiana Supreme Court · 1955
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hannum Wagle & Cline Engineering, Inc. d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, Tom Mobley, and David Lancet v. American Consulting, Inc.Indiana Court of Appeals · 2016
- Pickett v. BrownIndiana Court of Appeals · 1991
- Licocci v. Cardinal Associates, Inc.Indiana Court of Appeals · 1982
- Gilmer v. Board of CommissionersIndiana Supreme Court · 1982
- Argyelan v. HavilandIndiana Supreme Court · 1982
3 more not listed; retrieve them via the Exa API.