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DeMAYO v. STATE EX REL. DEPT. OF NAT. RES.

No. 3-1277A321.

394 N.E.2d 258 (1979)

Francis M. DeMayo and Marlen E. DeMayo, Appellants (Defendants below), v. STATE of Indiana On the Relation of the Department of Natural Resources, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

September 27, 1979.

Attorney(s) appearing for the Case

Richard C. Ver Wiebe, Ver Wiebe, Snow, Miller & Gray, Fort Wayne, for appellants.

Theodore L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

Defendants-appellants Francis and Marlen DeMayo appeal from a prohibitive and mandatory injunction granted to the plaintiff-appellee State of Indiana, Department of Natural Resources. The injunction ordered DeMayos to remove five feet of their patio-seawall construction which was found to encroach upon the legal shoreline of Lake Gage in Steuben County and to restrain from building any construction altering the shoreline until their prior compliance...

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