By Liz Shepherd
SILVER LAKE — A Silver Lake man has filed a civil suit against the Kosciusko County Highway Department and county commissioners regarding a culvert that allegedly floods his property on a recurring basis.
Carl Hughes, 8809 S. 425W, Silver Lake, filed the suit against the defendants on Tuesday, Sept. 28. He is arguing that a culvert placed under CR 425W funnels water from the east side of the road, including the Sunnyside Addition subdivision, onto his property.
Hughes states the culvert floods his property on a recurring basis and that tort claim notices were sent to the defendants on Oct. 27, 2020.
Hughes is being represented in his suit by David Dearing, Indianapolis. He is suing the highway department and commissioners for trespass, pecuniary loss due to property offense, negligence and nuisance.
The suit argues the defendants are liable for civil trespass through the surface water being cast onto Hughes’ property without his permission. It also states Hughes has suffered a pecuniary loss through the culvert flooding his property.
With negligence and nuisance, Hughes argues the recurring flooding due to the culvert has limited the use of his property and lowered its fair market value.
Hughes is requesting a judgment against the defendants for a permanent injunction against trespasses and nuisances on his property. He is also requesting an amount sufficient to compensate Hughes for damages caused by the culvert, as well as an injunction requiring the defendants to restore his property to the condition that would exist in the absence of their drainage activities.