Indiana Department of Natural Resources v. Lake George Cottagers Ass'n

OPINION

MAY, Judge.

The Lake George Cottagers Association (hereinafter “the Association”) sought a declaratory judgment the State 1 owns the real estate underneath a dam built in the 1930s and is therefore responsible for repairing it. The Association and the State both moved for summary judgment, and the trial court granted the Association’s motion. We find the legislature could not have intended the Lake Preservation Act to confer on the State “a right, a title, or an interest in or to the property” where a dam is located. 2 Ind.Code § 14-27-7.5-4. We accordingly reverse and direct the entry…