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Indiana Natural Resources Commission

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Recent Caddnar Decisions (May 7, 2014)

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

Collins & Pressner v. Town of Ogden Dunes (Attorney Representation), 13 CADDNAR 226 (2014) For consideration is a request by a non-attorney to be the “authorized representative” for a Claimant who opposed DNR issuance of a special purpose deer control permit in Porter County.  The authority cited was IC 4-21.5-3-15(a) which applies if the person represented is (a) other than an individual; or (b) an incompetent.  The person to be represented was an individual (a human being) and was competent.  In dictum, implications of IC 4-21.5-3-15(b) to non-attorney representation are also discussed.  The request was denied. Administrative Cause No. 13-195D

Collins v. Town of Ogden Dunes (Stay), 13 CADDNAR 214 (2013)
For consideration is a request for a stay of effectiveness of a special purpose deer control permit in Porter County.  Following a preliminary hearing on the stay, the DNR moved for involuntary dismissal under TR 41(B), and the Town joined the motion.  The administrative law judge granted the motion, denied the stay request, and approved the disposition for judicial review. Administrative Cause No. 13-195D

Rodgers v. Liston and DNR, 13 CADDNAR 222 (2014)
For consideration is a remonstrance against DNR’s issuance of an individual permit to place a pier on Lake George, a public freshwater lake located partly in Steuben County.  Summary judgment was granted to affirm the permit because the facts were not in material dispute.  The remonstrant previously had some claims determined adversely by the Steuben Superior Court, and those remaining were transferred by recorded instruments.  Through res judicata and contract, the remonstrant no longer could claim a proprietary interest. Administrative Cause No. 13-117W

Rice v. Weatherford, 13 CADDNAR 220 (2013)
For consideration is a riparian rights dispute on Big Barbee Lake in Kosciusko County.  The decision applied NRC Information Bulletin #56.  Also, riparian rights were found not to include a guarantee that an area will be suitable for swimming or other recreational use.    Administrative Cause No. 13-135W

Philbeck v. Collins & Altman, 13 CADDNAR 219 (2013)
For consideration is summary judgment in a proceeding under the Timber Buyer Act for land in Wabash County.  The administrative law judge found hauling logs from a timber harvest was not, in itself, sufficient to establish liability.  The trucker who hauled the logs was dismissed as a party.    Administrative Cause No. 13-063F

Branham v. Elkins, Jr., et al., 13 CADDNAR 208 (2013)
Under consideration was the liability of a timber grower to an adjacent landowner after the timber buyer with whom the timber grower had contracted unlawfully entered onto the adjacent landowner’s property and wrongfully harvested timber.  The adjacent landowner originally initiated the proceeding against the timber buyer, the timber buyer’s surety and the timber grower; however, prior to the commencement of the administrative hearing the adjacent landowner, the timber buyer and surety company had entered into an agreed settlement. Administrative Cause No. 10-058F