Legal Opinion

Gerbers, Ltd. v. Wells County Drainage Board

Indiana Court of Appeals

Decided February 15, 1993No. 38A02-9208-CV-351PublishedCited by 11 opinions

1Opinion of the Court

BAKER, Judge.

Plaintiffs-appellants Gerbers, Ltd., Brent Imel d/b/a Imel Motor Sales, Hiday Motors, Inc., Howard and Joyce Baumgartner d/b/a The Print Shop, and Westfield Insurance Co. (collectively, Gerbers), appeal the grant of summary judgment in favor of defendant-appellee Wells County Drainage Board. On appeal, Gerbers contends the trial court erroneously determined the Board was immune from suit under the Indiana Tort Claims Act 1

FACTS

This litigation concerns the Board's management-or lack of it, according to Ger-bers-of Messick No. 2 drain, a ditch draining about 275 acres of watershed…

2Cases cited3 opinions

  1. Peavler v. BD. OF COM'RS MONROE CTY.Indiana Supreme Court · 1988
  2. Perry v. Stitzer Buick, GMC, Inc.Indiana Court of Appeals · 1992
  3. Martin Rispens & Son v. Hall Farms, Inc.Indiana Court of Appeals · 1992

3Cited by11 opinions

  1. Mullin v. Municipal City of South BendIndiana Supreme Court · 1994
  2. Borsuk v. Town of St. JohnIndiana Supreme Court · 2005
  3. Scott v. City of SeymourIndiana Court of Appeals · 1995
  4. Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 19Supreme Court of Iowa · 2017
  5. Beck v. City of EvansvilleIndiana Court of Appeals · 2006

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