Smith v. Miller Builders, Inc.

OPINION

SHARPNACK, Chief Judge

Michael and Kathryn Smith (collectively, the Smiths) appeal the trial court’s judgment in favor of the St. Joseph County Surveyor, John McNamara (the Surveyor); the St. Joseph County Drainage Board (the Board); and Miller Builders, Inc. (Miller). The Smiths raise three issues, which we restate as:

1) whether the trial court’s conclusion that the notice the Smiths sent to the Surveyor did not comply with the Indiana Tort Claims Act is clearly erroneous;

2) whether the trial court’s conclusion that the Board’s acts or omissions did not create any cause of action in…