JOINT NOBLE-LEGRANGE COUNTY v. ACRES, INC.

No. 57A03-0507-CV-308.

844 N.E.2d 134 (2006)

The JOINT NOBLE-LaGRANGE COUNTY DRAINAGE BOARD, Appellant-Respondent, v. ACRES, INC., Town of Albion, Izaak Walton League of America, City of Ligonier, Rome City Conservancy District, Town of Rome City, Robert Shellman and Elizabeth Shellman, Michael R. Shellman and Terresa Shellman, Mark E. Shellman and Beth Shellman, Sylvan Lake Improvement Association, Town of Wolcottville, and David T. White, Appellees-Petitioners, and Director of Indiana Department of Natural Resources, Appellee-Intervenor.

Court of Appeals of Indiana.

March 16, 2006.


Attorney(s) appearing for the Case

J. Everett Newman II, Wigent & Newman Law Office, Ligonier, for Appellant.

Martin R. Lucas, North Judson, for Appellees.

Steve Carter, Attorney General of Indiana, Frances H. Barrow, Deputy Attorney General, Indianapolis, for Appellee-Intervenor Indiana Dept. of Natural Resources.


OPINION

BAKER, Judge.

Appellant-respondent The Joint Noble-LaGrange County Drainage Board (Joint Board) appeals from the trial court's order vacating the Joint Board's Final Order establishing certain portions of the Elkhart River and its tributary branches as a regulated drain. Specifically, the Joint Board raises the following arguments: (1) the trial court erred in finding that the Joint Board failed to comply with the

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