CADDNAR


[CITE: Joseph & Geraldine Kozon v. Department of Natural Resources, 5 CADDNAR 228 (1990)]

 

[VOLUME 5, PAGE 228]

 

Cause #: 90-054W

Caption: Joseph & Geraldine Kozon v. Department of Natural Resources
Administrative Law Judge: Rider
Attorneys: Snyder; Lisa McCoy   
Date: July 3, 1990

ORDER

 

PL #13,475 issued to Herman and Linda Miller is affirmed.

FINDINGS OF FACT

 

1. On February 26, 1990, Joseph and Geraldine Kozon (the "Claimants") filed an objection to PL #13,475.

 

2. PL #13,475 is a permit issued to Herman and Linda Miller to build a temporary pier on Dewart Lake.

 

3. IC 4-21.5 and 310 IAC 0.6 apply to this proceeding.

 

4. The Natural Resources Commission is an agency as defined in IC 4-21.5-1-3 and is the ultimate authority with respect to this proceeding.

 

5. At the prehearing conference the Claimant argued that the Millers were not littoral owners to Dewart Lake and therefore were not entitled to a permit to build a temporary pier.

 

6. The parties agreed to file concurrent Motions for Summary Judgment by May 22, 1990. This date was later extended to June 5, 1990.

 

7. The Department filed its brief on June 5, 1990. The Claimant filed no brief.

 

8. In its Motion, the Department points out that neither the Millers nor the Kozons are littoral (riparian) owners to Dewart Lake.

 

9. The Department provided evidence in the form of affidavits, plat maps, deed records, etc., that shows a ten foot strip of property bounding the shoreline of Dewart Lake has been dedicated to public use which gives any property owner in Redmon Park the right to erect a pier off said strip.

 

10. In addition, the Department cited much case law to support the proposition that the Millers have a legal right to build a pier off the common strip of land.

 

11. Since the Department has cited good law supporting the issuance of this permit and the Claimant has remained silent, the Department's Motion for Summary Judgment is granted.