Town Of Linden, Indiana , et al. v. Darrell Birge, et al.

── Town Of Linden, Indiana , et al. v. Darrell Birge, et al. ── Case No.: 22S-PL-00352 Court: Indiana Supreme Court Date: March 07, 2023 Author: Justice Christopher Goff County of Origin: Montgomery Category: Civil Decision: Vacated and Remanded Originally built for agricultural purposes in 1898, the James Hose Drain carries water through the Town of Linden from the south, then through a drainage easement located on the Birges’ Property, after which it empties into a ditch just north of the Property. Due to years of neglect, the Drain had fallen into disrepair, resulting in frequent flooding of the Town, and ultimately hampering urban development. In 2009, the Town, along with Montgomery County, hired an engineering firm to propose a drainageimprovement plan.