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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court opinion was posted after IL deadline Thursday:
John E. Moriarity and Mae E. Moriarity v. Indiana Department of Natural Resources
18S-PL-296
Civil plenary. Affirms the Grant Circuit Court’s order that John and Mae Moriarity take specific action of inspection and maintenance ordered by the Department of Natural Resources in regard to their pond and dam. Finds the DNR properly exercised jurisdiction over the dam, the DNR’s definition of the word “stream” was reasonable and the Moriaritys had notice of that definition. Also finds there is substantial evidence to support the dam’s classification as high-hazard structure. Finally, finds the Moriaritys can modify their dam to remove it from DNR’s future jurisdiction. Justice Mark Massa concurs in result without separate opinion. Justice Geoffrey Slaughter dissents with separate opinion.
Indiana Court of Appeals
In the Matter of J.K., Child in Need of Services and C.K. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JC-1698
Juvenile CHINS. Reverses and remands the Randolph Circuit Court’s adjudication of J.K. as a child in need of services. Finds the trial court erred when it denied mother C.K.’s motion to dismiss the CHINS petition because too many days passed between the filing of the petition and the court’s hearing. Remands for the trial court to dismiss the CHINS petition without prejudice.
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