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TOWN OF LINDEN v. BIRGE

Court of Appeals Case No. 21A-PL-1811.

187 N.E.3d 918 (2022)

TOWN OF LINDEN, Indiana, Montgomery County, Indiana, Montgomery County Commissioners, Montgomery County Drainage Board, and Montgomery County Surveyor, Appellants-Defendants, v. Darrell BIRGE and Sandra Birge, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied June 8, 2022.

Attorney(s) appearing for the Case

Attorneys for Appellant Town of Linden: Sheri Bradtke McNeil , Lizabeth R. Hopkins , Kopka Pinkus Dolin, PC, Crown Point, Indiana.

Attorneys for Appellants Montgomery County, Montgomery County Commissioners, Montgomery County Surveyor, and Montgomery County Drainage Board: Brandon W. Ehrie , Kyle A. Lansberry , Lewis Wagner, LLP, Indianapolis, Indiana.

Attorneys for Appellees: Michael L. Einterz , Michael L. Einterz, Jr. , Einterz & Einterz, Zionsville, Indiana.

Case Summary

[1] The Town of Linden ("the Town") and Montgomery County ("the County") (collectively "the Defendants") made improvements to an existing regulated drain to alleviate flooding issues in the Town and surrounding areas. Part of the drain runs through a pre-existing drainage easement on property ("the Property...

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