CADDNAR Updates
Recent Caddnar Decisions (June 3, 2013)
Skilbred, et al. v. Spaw, et al., 13 CADDNAR 99 (2013) and Skilbred, et al. v. Ward, et al., 13 CADDNAR 125 (2013)
The administrative law judge affirmed the Department’s grant of an application to place piers along the shoreline of Big Long Lake, a public freshwater lake located in LaGrange County. The case is presently under consideration by the LaGrange Circuit Court on Judicial Review. (Administrative Cause Nos. 11-160W (11-161W;11-162W) and 12-014W)
Mueller-Brown v. Caracci, 13 CADDNAR 156 (2013)
Applying the Second Principle from the Commission’s Information Bulletin #56, the administrative law judge ordered the Respondents to remove a boathouse and to relocate a temporary pier so it no longer fringed on the Claimant’s riparian zone at Webster Lake, Kosciusko County. The decision also considered and determined the boathouse did not qualify as a lawful nonconforming use. The decision was affirmed by the AOPA Committee. (Administrative Cause No. 12-122W)
Lawson v. Halliwill, 13 CADDNAR 146 (2013)
In a multi-faceted dispute over riparian rights on Big Long Lake in LaGrange County, a disposition delineated boundaries based on spokes-of-a-wheel as identified by a land surveyor. Off-lake subdivision owners were determined to have the right to place piers at the terminus of a drive. Resolutions achieved during mediation of other disputes were also incorporated. (Administrative Cause No. 10-127W)
Sowers v. DNR, 13 CADDNAR 143 (2013)
Applying 19th Century mill acts for a millpond now included in Jimmerson Lake, Steuben County, the administrative law judge determined the title of the current adjacent owner did not include riparian rights. DNR denial of an application to place an underwater beach was affirmed. (Administrative Cause No. 12-126W)
McClure v. Perry & Richardson, 13 CADDNAR 96 (2013)
For consideration was a complaint by Fayette County landowners under the Timber Buyers Act against a timber buyer, a timber cutter, and a sawmill operator for timber harvested without the owners’ knowledge or consent. The administrative law judge ruled the timber buyer and the timber cutter did not exercise due diligence to determine ownership and awarded triple stumpage value. The sawmill operator was found not to have participated in the harvest and not to have been unjustly enriched by the enterprise, and no award was made against him. (Administrative Cause No. 11-021F)
Musgrave v. Squaw Creek Coal Co. and DNR, 12 CADDNAR 192(2009)
The administrative law judge reversed the determination of the Department to release Phase III Bond for 955 acres of the Squaw Creek Mine located near Boonville, Indiana. On judicial review, the Marion Superior Court, Environmental Section reversed and issued a remand for the entry of an order releasing the bond. The Indiana Court of Appeals affirmed the Marion Superior Court and the Indiana Supreme Court denied transfer. A final order releasing the Phase III Bond was entered on February 13, 2013. (Administrative Cause No. 08-034R)
United Minerals v. DNR, 13 CADDNAR 87 (2013)
For consideration was an NOV which determined, based on a seismograph reading, the operator of a coal mine exceeded the blast vibration limit under Indiana SMCRA. Following opposite holdings on summary judgment by the administrative law judge and by the Gibson Circuit Court, the Court of Appeals remanded at 26A05-1007-PL-453 for a hearing of the facts. Following the hearing on remand, the administrative law judge found the seismograph’s geophone was likely decoupled from the soil. Decoupling made the blast reading unreliable, and the NOV was vacated. (Administrative Cause No. 07-186R)
Meyers Subdivision v. DNR & Kranz, 12 CADDNAR 282 (2011)
For consideration was a dispute concerning riparian usage between the riparian owner and easement holders, as well as matters of agency authority and takings claims, along Bass Lake, a public freshwater lake in Starke County. The Starke Circuit Court affirmed on judicial review, and the Court of Appeals affirmed in June and August (on rehearing) published opinions at 75A03-1112-PL-00577. In December 2012, the Indiana Supreme Court denied transfer. (Administrative Cause No. 10-093W)
