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.