GILMER v. BOARD OF COM'RS OF MARSHALL COUNTY

No. 3-1280A397.

428 N.E.2d 1318 (1981)

Walter H. GILMER and Helen Gilmer, Defendants-Appellants, v. BOARD OF COMMISSIONERS OF MARSHALL COUNTY, Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 31, 1982.


Attorney(s) appearing for the Case

Marshall F. Kizer, Kizer, Neu, Joyce, Hite & Wyland, Plymouth, for defendants-appellants.

Kenneth M. McDermott, McDermott Law Office, Plymouth, for plaintiff-appellee.


GARRARD, Judge.

This is an interlocutory appeal from the granting of a temporary injunction and the court's subsequent refusal to dissolve the injunction.

The evidence disclosed that surface waters flowed across Hickory Road and onto farmland owned by Gilmer. There was evidence that the roadbed at the point in question had sunk about four feet since it was constructed in 1928. This occurred because it was built over muck.

Gilmer acquired the land in...

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