Legal Opinion
Whitacre v. State
Indiana Court of Appeals
Decided August 30, 1993No. 15A05-9204-CV-128PublishedCited by 13 opinions
1Opinion of the Court
BARTEAU, Judge.
Robert W. Whitacre appeals the trial court's judgment in favor of the Indiana Department of Natural Resources (IDNR) on Whitacre's petition for declaratory judgment. The sole issue on appeal is whether Indiana Code 14-8-8.4, the Indiana Historic Preservation and Archeology Act (the "Act"), is applicable to privately owned property. We conclude that it is and affirm the trial court.
FACTS
The facts are straightforward. Whitacre and his wife are amateur archeologists. In 1982, they discovered a Hopewell Indian site with artifacts dating to circa 150 A.D. on a 40-acre farm in…
2Cases cited5 opinions
- Economy Oil Corp. v. Indiana Department of State RevenueIndiana Court of Appeals · 1974
- Department of Natural Resources v. Indiana Coal Council, Inc.Indiana Supreme Court · 1989
- Wright v. FowlerIndiana Court of Appeals · 1984
- State v. AdamsIndiana Court of Appeals · 1992
- United States v. Arthur J. GerberCourt of Appeals for the Seventh Circuit · 1993
3Cited by13 opinions
- Elmer Buchta Trucking, Inc. v. StanleyIndiana Supreme Court · 2001
- Kelly v. Ladywood ApartmentsIndiana Court of Appeals · 1993
- Miller v. WalkerIndiana Court of Appeals · 1994
- Indiana Department of Natural Resources v. Peabody Coal Co.Indiana Court of Appeals · 1995
- Indiana Municipal Power Agency v. Town of EdinburghIndiana Court of Appeals · 2002
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