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DEPT. OF NATURAL RESOURCES v. SYRACUSE

No. 43A03-9701-CV-9.

686 N.E.2d 410 (1997)

INDIANA DEPARTMENT OF NATURAL RESOURCES, Appellant-Defendant, v. TOWN OF SYRACUSE, Matt Vigneault as Manager for the Town of Syracuse, Jeanette Causey and Earl Grove, Appellees-Plaintiffs.

Court of Appeals of Indiana.

October 16, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Rachel Zaffrann, Deputy Attorney General, Indianapolis, for Appellant-Defendant.

Paul A. Stoelting, Syracuse, for Jeanette Causey and Earl Grove.

Jodie L. Miner, Ice Miller Donadio & Ryan, Indianapolis, for Town of Syracuse and Matt Vigneault, as Manager for the Town of Syracuse.

OPINION

STATON, Judge.

The Indiana Department of Natural Resources ("DNR") appeals the grant of summary judgment in favor of the town of Syracuse, Matt Vigneault, as Manager of the town of Syracuse, Jeanette Causey and Earl Grove (collectively the "town"). The DNR raises three issues for our review, but we find dispositive the issue of whether seasonally anchoring augered pier posts into a lake bed constitutes alteration of the lake bed within the meaning...

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