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MORIARITY v. STATE

Court of Appeals Case No. 22A-PL-2899.

222 N.E.3d 1075 (2023)

John E. MORIARITY, Mae E. Moriarity, and C-A-R-E Auto Auction, Inc., Appellants-Plaintiffs, v. STATE of Indiana, Indiana Natural Resources Commission, and Indiana Department of Natural Resources, Appellees-Defendants.

Court of Appeals of Indiana.

Filed November 15, 2023.

Attorney(s) appearing for the Case

Attorney for Appellant: Mark K. Leeman , Leeman Law Office, Logansport, Indiana.

Attorneys for Appellee: Theodore E. Rokita , Attorney General of Indiana, Kyle Hunter , Deputy Attorney General, Indianapolis, Indiana.

[1] Nearly 30 years ago, John and Mae Moriarity built on their property a dam big enough to violate Indiana's Dam Safety Act.1 After being ordered to either modify the dam or remove it, the Moriaritys sought compensation from the State for what they say will be attending damages— namely, a 30...

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