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MOORE REAL ESTATE v. PORTER CTY. DRAINAGE

No. 37A03-9010-CV-449.

578 N.E.2d 380 (1991)

MOORE REAL ESTATE, Inc., Appellant-Plaintiff, v. PORTER COUNTY DRAINAGE BOARD OF PORTER COUNTY, Indiana, Appellee-Defendant.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 23, 1992.

Attorney(s) appearing for the Case

William T. Enslen, Enslen, Enslen & Matthews, Hammond, for appellant-plaintiff.

Robert P. Stoner, Kisti Good Risse, Spangler, Jennings & Dougherty, P.C., Valparaiso, for appellee-defendant.

GARRARD, Judge.

This is an appeal from a grant of summary judgment as to Moore's damage claims against the Porter County Drainage Board.

The facts relevant to the appeal disclose that Moore owned a large tract of real estate which was divided more or less into eastern and western halves by a legally regulated drain, the Dog Lake Ditch. Moore's only access to the western portion was across the ditch and was accomplished...

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