Town of Clayton v. Michael Swanson, et al.

── Town of Clayton v. Michael Swanson, et al. ── Case No.: 22A-CT-01061 Court: Indiana Court of Appeals Date: April 14, 2023 Author: Judge Paul Mathias County of Origin: Hendricks Category: Civil Decision: Affirmed in Part, Reversed in Part Judge Bradford and Judge Kenworthy concur In 2005, the Swansons bought approximately five acres of real property in Clayton, Indiana. The property is transected by a recorded public drainage easement that is sixty-feet wide and runs from east to west (“the easement”). The easement continues across the property to the west of the Swansons’ property. The Town is the dominant estate holder of the easement. The Swansons built a residence on the north side of the easement, abutting the street.