Johnson v. Marion Township

AMUNDSON, Justice.

[¶ 1.] Mark and Monica Johnson (Johnson) requested a declaratory judgment and a permanent injunction preventing the Marion Township (Township) from requiring the removal of trees in the township road right-of-way abutting their property. The trial court denied Johnson’s claim. We affirm.

FACTS

[¶ 2.] The Township Board (Board) passed a resolution in 1993 requiring all landowners to remove objects, such as trees and rocks, from the road right-of-way. A year later, the Board gave landowners five years to complete the removal. Notice of this deadline was posted in the local…