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TOWN OF AVON v. WEST CENT. CONSERVANCY

No. 32A05-1003-PL-149.

937 N.E.2d 366 (2010)

The TOWN OF AVON, Indiana, Appellant-Defendant, v. WEST CENTRAL CONSERVANCY DISTRICT, Washington Township, and Ronnie Austin, in his official Capacity as Trustee and Park Governor, Appellees-Plaintiffs.

Court of Appeals of Indiana.

November 12, 2010.

Attorney(s) appearing for the Case

J. Christopher Janak , Paul D. Vink , Stephen C. Unger , Bose McKinney & Evans LLP, Indianapolis, IN, Daniel L. Taylor , Kirtleiy, Taylor, Sims, Chadd, & Minnette, PC, Lebanon, IN, Attorneys for Appellant.

Bette J. Dodd , Joseph P. Rompala , Lewis & Kappes, P.C., Jo Angela Woods , Indianapolis, IN, Attorneys for Amici Curiae The Indiana Association of Cities and Towns and The Indiana Municipal Lawyers Association.

Mark J. Crandley , Nicholas K. Kile , Barnes & Thornburg LLP, Indianapolis, IN, Attorneys for Appellees Washington Township and Ronnie Austin.

Alan M. Hux , Gayle A. Reindl , John D. Papageorge , Taft Stettinius & Hollister, LLP, Indianapolis, IN, Attorneys for Appellee West Central Conservancy District.

OPINION

BAKER, Chief Judge.

The Town of Avon (Avon) enacted an ordinance that purports to regulate a township and a conservancy district's ability to remove and sell groundwater that was located in a local park. The conservancy district and the township challenged the Ordinance's validity under the Home Rule Act,1 alleging that Avon's control over the groundwater exceeded its scope of its authority. On the other hand, Avon asserted...

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