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Indiana Natural Resources Commission

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Recent Caddnar Decisions (October 10, 2014)

Gross v. IDNR and Howard, 13 CADDNAR 283 (2014)
For consideration is a permit issued after identification of the parties-in-interest in a prior proceeding.  The site is a channel of Yellow Creek Lake, a public freshwater lake in Kosciusko County.  Partial summary judgment was granted against remonstrators who contended the permit would cause environmental harm.  The remonstrators did not produce “significant environmental harm”, as required under the rule, or an affidavit from a professional qualified to assess the damage.  But issues of material fact were found with respect to whether the permit would unduly interfere with the riparian rights of other persons.  Administrative Cause No. 13-100W

Cress v. Byer & DNR, 13 CADDNAR 279 (2014)
For consideration is a riparian rights dispute on Lake George, a public freshwater lake located partly in Steuben County.  The decision construes multiple easements from a riparian owner to an off lake lot owner.  Included is a definition of a “boatlift”.  Administrative Cause No. 12-192W (Judicial Review filed by Cress on 10/01/14; Steuben Circuit Court: 76C01-1410-MI-0335)

Justice v. Fulton Co. Surveyor & DNR, 13 CADDNAR 276 (2014)
For consideration is the application of PL 180-1995 to a Flood Control Act permit, sought on behalf of a joint drainage board, for an activity authorized by the Drainage Code (IC 36-9-27).  The decision reflected a county surveyor could serve as agent for a drainage board.  But because the joint drainage board was dissolved subsequent to DNR's issuance of the permit, the county surveyor was no longer an agent and was not himself qualified for a permit under PL 180.  Dissolution of the drainage board was a material change of facts which required permit rescission as sought by the permit's opponents.  Administrative Cause No. 12-199W

Collins & Costanza v. Town of Ogden Dunes, 13 CADDNAR 269 (2014)
For consideration are objections to DNR issuance of a special purpose deer control permit.  A person that opposes a permit has the burden of proof and cannot meet the burden by seeking merely to impeach the factual foundations for issuance.  Also, the Federal Rules of Civil Procedure do not apply under AOPA or 312 IAC 3-1. Administrative Cause No. 13-195D

Moss v. DNR, 13 CADDNAR 259 (2014)
For consideration, is a DNR personnel action terminating the employment of a Division of Law Enforcement conservation officer. Administrative Cause No. 13-134L (Judicial Review taken by DNR on05/30/14; Marion Circuit Court: 49D04-1405-PL-017919)

Squaw Creek Coal v. DNR (fee petition), 13 CADDNAR 253 (2014)
Squaw Creek Coal Company v. Musgrave: For consideration is Squaw Creek Coal Company’s petition to recover costs and expenses, including attorney fees, from an individual pursuant to 312 IAC 3-1-13(d) following the conclusion of a proceeding under I.C. 14-34-15. Administrative Cause No. 13-055R

Charles & Miller v. Dyer, 13 CADDNAR 246 (2014)
For consideration is a riparian rights dispute on Big Long Lake, a public freshwater lake in LaGrange County.  The decision applied the intent of a plat, including its authorization for persons in a subdivision to amend the plat, to support pier placement by off-lake lot owners.  Administrative Cause No. 13-093W

Allen v. LaSalle and DNR, 13 CADDNAR 236 (2014)
For consideration is a riparian rights dispute on Lake Tippecanoe, a public freshwater lake in Kosciusko County.  The decision allocated riparian areas for pier placement in a portion of the lake that also includes an inlet channel.  A first impression is the implication of a channel’s thalweg for use by competing adjacent property owners and with respect to the public trust.  Administrative Cause No. 12-176W

Bengert v. Bulmer, et al., 13 CADDNAR 230 (2014)
The dispute under consideration involves a timber contract entered into between a timber grower and a licensed timber buyer following negotiations between the timber buyer’s unlicensed agent and a timber grower.  Among other issues the discussion touches upon the governance of unlicensed individuals involved in the timber business by I.C. 25-36.5 and 312 IAC 14, the ability of an agent to bind a timber buyer through representations made to a timber grower, and the need to include in timber contracts a clear description of the timber being purchased. Administrative Cause No. 11-198F

DNR v. Holmes, 13 CADDNAR 228 (2014)
Under consideration was a DNR Complaint for Revocation of a Permit authorizing the drilling and operation of a gas well following the failure of the owner/operator to abate violations identified in an earlier issued Notice of Violation. Administrative Cause No. 12-167G