Clark County Drainage Board v. Isgrigg
963 N.E.2d 9
Ind. Ct. App.2012Background
- Drainage Board appeals trial court's grant of summary judgment to Isgrigg on declaratory relief and injunction claims
- Isgrigg, Clark County Surveyor, sued in official capacity alleging the Board violated Indiana drainage statutes in Sunset Hills and Lancassange Creek projects
- Sunset Hills: project claimed to be regulated drain; no open channel; petition stated not to establish a public drain
- Lancassange Creek: Board removed an obstruction from a natural surface watercourse without County Surveyor participation, violating IC 36-9-27.4
- 2007 Ordinance expanded Drainage Board duties to investigate and refer drainage problems, potentially affecting the scope of Board authority
- Trial court and appellate court agree Isgrigg had standing in official capacity and that Lancassange Creek violated IC 36-9-27.4, while Sunset Hills did not establish a regulated drain; costs decision reversed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek declaratory relief | Isgrigg had standing as County Surveyor | Isgrigg lacked a concrete right as a party | Isgrigg had standing in official capacity |
| Sunset Hills created or improved a regulated drain | Sunset Hills involved a regulated drain requiring surveyor participation | No regulated drain exists; project fell outside IC 36-9-27.4 | Sunset Hills did not create or establish a regulated drain; Board entitled to judgment on this issue |
| Lancassange Creek obstruction removal without Surveyor | Board violated IC 36-9-27.4 by excluding Surveyor from process | Board acted within broader Home Rule authority | Board violated IC 36-9-27.4; Isgrigg entitled to summary judgment on this issue |
Key Cases Cited
- City of Mishawaka v. Mohney, 156 Ind.App. 668 (Ind. Ct. App. 1973) (standing requires a real controversy and injury to enforce declaratory relief)
- City of Hobart v. Town of Merrillville, 401 N.E.2d 726 (Ind.Ct.App. 1980) (standing and injury requirements for declaratory judgments)
- Indiana Fireworks Distributors Ass'n v. Boatwright, 741 N.E.2d 1262 (Ind.Ct.App. 2001) (agency standing under declaratory judgments act; agency rights=)
- Indiana Fireworks Distributors Ass'n v. Boatwright, 764 N.E.2d 208 (Ind. 2002) (reaffirmation of agency standing and role of declaratory judgments)