Clark County Drainage Board and Clark County Board of Commissioners v. Robert Isgrigg, 966 N.E.2d 678

Appellants Clark County Drainage Board and Clark County Board of Commissioners appeal while Robert Isgrigg is the appellee.
Isgrigg sought rehearing of this court's opinion affirming in part and reversing in part the trial court's summary judgment for Isgrigg.
The Sunset Hills subdivision project involved drainage improvements; the central issue is whether it created a regulated drain under Indiana law.
The prior opinion held the Sunset Hills project did not establish a regulated drain, applying the statutory definition of regulated drains to open channels.
Isgrigg argued on rehearing that tiled drains were involved and that a swale could be a regulated drain, raising waiver and statutory interpretation questions.
The court denies rehearing and reaffirms that the Sunset Hills project did not involve a regulated drain, maintaining that a swale is not an open drain under the statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Sunset Hills involved tiled drains	Isgrigg contends tiled drains were involved.	Drainage Board did not argue tiled drains; issue waived on rehearing.	Not a tiled drain; affirmed.
Whether a swale qualifies as a regulated drain	Isgrigg argues swales are open drains based on testimony.	Swales are not regulated drains under the Indiana Code.	Swale is not a regulated drain.
Whether Isgrigg waived new arguments on rehearing	Isgrigg contends he could raise new points on rehearing.	Waiver applies to new arguments raised in rehearing petitions.	Court affirmed prior ruling; no new arguments considered.

Carey v. Haddock, 881 N.E.2d 1050 (Ind. Ct. App. 2008) (new arguments may be waived if raised for first time on rehearing)
State v. Prater, 922 N.E.2d 746 (Ind. Ct. App. 2010) (statutory interpretation aims to effect legislative intent)
Van Prooyen Builders, Inc. v. Lambert, 911 N.E.2d 619 (Ind. Ct. App. 2009) (plain-language review allowed even if argument not fully developed on appeal)