John E Moriarity, et al. v. Indiana Department of Natural Resources
── John E Moriarity, et al. v. Indiana Department of Natural Resources ──
Case No.: 18S-PL-00296
Court: Indiana Supreme Court
Date: January 03, 2019
Author: Justice Christopher Goff
County of Origin: Grant
Category: Civil
Decision: Remanded and Affirmed
Justice Rush and Justice David concur. Justice Massa concurs in result. Justice Slaughter dissents
The Dam Safety Act gives the Indiana Department of Natural
Resources (the “DNR”) jurisdiction over certain dams in, on, or along
streams in Indiana to protect Hoosiers’ lives and property. The Moriaritys
have a large pond and related dam on their land, and, since the early
2000s, the DNR has tried to exercise jurisdiction over the dam based on its
determination that the dam was located in, on, or along a stream.
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