Serviss v. State, Dept. of Natural Resources
Indiana Court of Appeals
1Opinion of the Court
OPINION
STATON, Judge
Michael and Sandra Serviss appeal the trial court’s grant of summary judgment in favor of the State of Indiana and the Indiana Department of Natural Éesources (collectively, the “State”). The Servisses raise four issues on appeal. We address two disposi-tive issues:
I. Whether the trial court erred by concluding that the State was immune from liability because it -\yas performing a discretionary function.
II. Whether the trial court erred by concluding that any duty owed by the . State was owed to the public, instead of privately to the Servisses.
We reverse and remand.
The…
Also in this document: Concurrence.
2Cases cited14 opinions
- Stephenson v. LedbetterIndiana Supreme Court · 1992
- Peavler v. BD. OF COM'RS MONROE CTY.Indiana Supreme Court · 1988
- Mullin v. Municipal City of South BendIndiana Supreme Court · 1994
- Greathouse v. ArmstrongIndiana Supreme Court · 1993
- Reed v. LuznyIndiana Court of Appeals · 1994
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3Cited by6 opinions
- Benton v. City of Oakland CityIndiana Supreme Court · 1999
- Serviss v. State, Dept. of Natural ResourcesIndiana Supreme Court · 1999
- King v. Northeast Security, Inc.Indiana Court of Appeals · 2000
- Conner v. StateIndiana Court of Appeals · 1999
- King v. Northeast Security, Inc.Indiana Court of Appeals · 2000
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