Indiana Supreme Court
John E. Moriarity and Mae E. Moriarity, Appellants (petitioners Below) v. Indiana Department of Natural Resources…
January 3, 2019113 N.E.3d 614
Summary
The Court affirmed the order enforcing the DNR's final order concerning the Moriaritys' dam. It held that the DNR reasonably interpreted "stream," had adequate notice of the jurisdictional standard, presented substantial evidence supporting the dam's high-hazard classification, and could require compliance while allowing the Moriaritys to modify the dam so it no longer met the Act's jurisdictional thresholds.