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CLEAR CREEK CONSERVANCY DIST. v. KIRKBRIDE

No. 67S05-0004-CV-00269.

743 N.E.2d 1116 (2001)

The CLEAR CREEK CONSERVANCY DISTRICT, Appellant (Defendant below), v. Robert E. KIRKBRIDE and Bonnie K. Kirkbride, Appellees (Plaintiffs below).

Supreme Court of Indiana.

March 6, 2001.

Attorney(s) appearing for the Case

Michael A. Wukmer, Ice Miller, Indianapolis, IN, James M. Houck, Greencastle, IN, Attorneys for Appellant.

Robert C. Perry, Greencastle, IN, Attorney for Appellees.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

The Clear Creek Conservancy District assessed the Kirkbrides sewer construction costs of $3,800 for each of two lots. Thinking their total liability was $3,800 (rather than $7,600), the Kirkbrides did not object within the time period specified by law. They later asked a court for relief because of their "mistake or excusable neglect." We hold that once the statutory deadline passed, the assessment became final...

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