Appellant-respondent Michael Lukis appeals the trial court’s order determining that the way in which the Indiana Natural Resources Commission (NRC) evaluated the parties’ respective riparian rights was contrary to law and remanding the matter for reconsideration. Lukis argues that in arriving at that result, the trial court overstepped its authority on judicial review of an administrative action.
Conclusion (slip op. at 15): The judgment of the trial court is reversed.
Key Analysis (slip op. at 12, 13): The Nosek apportionment method would be a perfectly appropriate way to solve the parties’ dispute, but this method has never been adopted as a fixed rule in Indiana. The trial court, therefore, erroneously concluded that the NRC’s failure to follow the Nosek rule was contrary to law . . . That there may have been other results that would, likewise, have been equitable does not mean that the NRC arrived at a result that was erroneous or contrary to law. Nothing in the NRC’s decision warrants second-guessing from the judicial system.
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