John E. Moriarity, et al. v. State of Indiana, et al.

── John E. Moriarity, et al. v. State of Indiana, et al. ── Case No.: 22A-PL-02899 Court: Indiana Court of Appeals Date: November 15, 2023 Author: Judge Leanna Weissmann County of Origin: Grant Category: Civil Decision: Affirmed Judge Riley and Judge Bradford concur In the late 1990s, the Moriaritys built a dam that rose more than 20 feet in certain spots, creating a roughly 30-to-40-acre pond that contained over one hundred acre-feet of water. After learning about the dam, the Indiana Department of Natural Resources (DNR) ordered the Moriaritys to make changes, fearing safety deficiencies could cause the structure to burst and endanger nearby homeowners. The Moriaritys first litigated, and lost, a claim that their dam did not fall within the DNR’s jurisdiction. Moriarity v. Ind. Dep’t of Nat.