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INDIANA DEPT. OF NAT. RES. v. LAKE GEORGE

No. 76A03-0708-CV-381.

889 N.E.2d 361 (2008)

INDIANA DEPARTMENT OF NATURAL RESOURCES and State of Indiana, Appellants-Defendants, v. LAKE GEORGE COTTAGERS ASSOCIATION, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 30, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Elizabeth Rogers, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellants.

Karl L. Mulvaney, Nana Quay-Smith, Bingham McHale, LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

MAY, Judge.

The Lake George Cottagers Association (hereinafter "the Association") sought a declaratory judgment the State1 owns the real estate underneath a dam built in the 1930s and is therefore responsible for repairing it. The Association and the State both moved for summary judgment, and the trial court granted the Association's motion. We find the legislature could not have intended the Lake Preservation Act to...

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