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INDIANA DEPT. OF NAT. RESOURCES v. PROSSER

Court of Appeals Case No. 18A-MI-2644.

132 N.E.3d 397 (2019)

INDIANA DEPARTMENT OF NATURAL RESOURCES, Appellant-Respondent, v. Kevin PROSSER, Appellee-Petitioner.

Court of Appeals of Indiana.

FILED August 1, 2019.

Attorney(s) appearing for the Case

Attorneys for Appellant: Curtis T. Hill, Jr. , Attorney General of Indiana, Aaron T. Craft , Deputy Attorney General, Indianapolis, Indiana.

Attorneys for Appellee: Stephen R. Snyder , Randall L. Morgan , Snyder Morgan Federoff & Kuchmay, LLP, Syracuse, Indiana.

Case Summary

[1] [1] Kevin Prosser owns property on Lake Manitou, and, in 2015, applied to the Indiana Department of Natural Resources ("DNR") for a permit to construct a concrete seawall. Under Indiana law, a concrete seawall may only be constructed in a "developed area," which means a shoreline that has...

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