Crowel v. Marshall County Drainage Board, 951 N.E.2d 290 (Ind. Ct. App. 2011)

(landowners, including plaintiff, successfully petitioned for construction of public drainage ditch; subsequently lower-lying residential landowners complained of flooded basements; county drainage board assessed “reconstruction” fee for all landowners to remedy flooding; plaintiff argued his property was located at high end of watershed and his land would not be benefitted by reconstruction assessment; plaintiff appealed trial court’s order denying petition for judicial review in favor or county drainage board; issue on appeal was whether trial court erred in concluding drainage board decision not arbitrary and capricious; appellate court reversed and remanded with instructions for trial court to reconsider evidence on the record regarding benefit to plaintiff’s land, as defined by statute and case law cited in appellate court opinion).