Municipal Boundaries Draw Jurisdictional Line for Stormwater Managment

By — Curtis Jones

Board of Commissioners of Hendricks County, Indiana, and Daum LLC, et al v. Town of Plainfield, Indiana, et al, discusses a jurisdictional dispute between a county and a town concerning storm water management.  Before addressing the jurisdictional dispute, the Indiana Court of Appeals affirmed the rule, as explained in City of Mishawaka v. Mohney, 156 Ind. App. 668, 672, 297 N.E.2d 858, 860 (1973), that a municipality cannot seek declaratory relief to have its own ordinance declared valid.

In addressing the jurisdictional battle, the Indiana Court of Appeals held that Indiana’s Storm Water Act, Indiana Code chapter 8-1.5-5, specifically addressed the jurisdictional issue between a town and county concerning storm water management.  The Storm Water Act unambiguously draws a jurisdictional line at a town’s municipal boundaries.  A county has exclusive jurisdiction to manage storm water flowing from property located outside of a municipal boundary.

About Curtis T. Jones

Curtis Jones (CUJO) is a Partner in the Appellate, Litigation and Insurance Groups at Bose McKinney & Evans LLP (BME). ~Before joining BME, I served for two years as a judicial law clerk for the Honorable Theodore (Ted) R. Boehm in the Supreme Court of Indiana. Since 2006, I have worked extensively on a number of complex business and commercial litigation matters and have handled numerous appeals in the Indiana Appellate Courts and Seventh Circuit. I have also assisted insurers, wholesalers, agents, brokers and insureds in the insurance industry analyze, litigate and/or resolve coverage issues.~ For more information about Curtis T. Jones: http://www.boselaw.com/people.cfm/staff/219
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