Bowyer v. Indiana Department of Natural Resources
2011 Ind. App. LEXIS 449
| Ind. Ct. App. | 2011Background
- DNR sued Bowyer for unpermitted alterations to Lake Cicott beginning in 1999; lake status as public freshwater lake was affirmed in prior decisions.
- Court previously held Lake Cicott public and established a legal shoreline at 702.22 feet NGVD’29, with Bowyer engaging in excavation/fill below that level.
- A TRO was issued in 2001 prohibiting further below-shoreline work, later found inherently vague in Bowyer I and narrowed in subsequent decisions.
- 2006 order established the lake’s legal water level; 2008 and 2009 appellate proceedings affirmed procedures and findings.
- September 14, 2009 order granted permanent mandatory injunction and damages requiring Bowyer to remove fill and restore Lake Cicott’s natural condition, which Bowyer challenged on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s findings support the injunction and damages | Bowyer argues findings are surplusage and lack credibility | DNR asserts findings adequately support liability and remedial relief | Findings were not clearly erroneous; injunction affirmed |
| Impact of prior opinions on current ruling | Bowyer contends prior public lake determinations limit current liability | DNR relies on long-standing regulatory status and statutory definitions | Prior opinions properly interpreted; current ruling upheld |
| Statutory construction of Ind.Code § 14-26-2-6 and island shoreline | Bowyer claims island shoreline changes may not violate statute | DNR asserts shoreline includes any lake edge affected by alterations | Trial court’s statutory construction affirmed; alterations found unlawful |
| Sufficiency of evidence tying Bowyer to unpermitted alterations | Bowyer argues lack of direct proof of his conduct | DNR presents clear evidence of Bowyer’s excavation/fill and lack of permit | Evidence sufficient to establish violation of § 14-26-2-6; injunctive relief affirmed |
Key Cases Cited
- Garling v. Ind. Dep't of Nat. Res., 756 N.E.2d 1029 (Ind.Ct.App.2001) (public lake status and DNR jurisdiction longstanding)
- Garling v. Ind. Dep't of Nat. Res., reh’g, 766 N.E.2d 409 (Ind.Ct.App.2002) (reh’g clarifies Lake Cicott’s public status)
- Bowyer v. Ind. Dep't of Nat. Res., 882 N.E.2d 754 (Ind.Ct.App.2008) ( Bowyer II; confirms lake level methodology and findings)
- Bowyer v. Ind. Dep't of Nat. Res.,, 798 N.E.2d 912 (Ind.Ct.App.2003) (Bowyer I; TRO contempt reversal regarding shorelines/definitions)
- Perez v. U.S. Steel Corp., 426 N.E.2d 29 (Ind.1981) (surplusage in findings not per se reversible error in some contexts)
- DeMayo v. State ex rel. Dep't of Nat. Res., 394 N.E.2d 258 (Ind.1979) (injunctive relief appropriate for illegal shoreline changes)