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PFLUM v. WAYNE COUNTY BD. OF COM'RS

No. 81A05-0712-CV-741.

892 N.E.2d 233 (2008)

Lowell J. PFLUM, Appellant-Plaintiff, v. WAYNE COUNTY BOARD OF COMMISSIONERS, Appellee-Defendant.

Court of Appeals of Indiana.

August 25, 2008.

Attorney(s) appearing for the Case

Gary E. Smith, Smith Law Office, Connersville, IN, Attorney for Appellant.

Joseph Dietz, Wayne County Board of Commissioners, Meils Thompson Dietz & Berish, Indianapolis, IN, Attorney for Appellee.

OPINION

BAKER, Chief Judge.

Appellant-plaintiff Lowell J. Pflum appeals the judgment in favor of appellee-defendant Wayne County Board of Commissioners (the Board), claiming that the evidence was insufficient to support the conclusion that the Board's improvement project had not resulted in the discharge or casting of surface water upon Pflum's lot in accordance with the common enemy doctrine. Finding that the trial court properly applied the common enemy...

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