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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANTS: WILLIAM B. KEATON Keaton and Keaton, P.C. Rushville, Indiana APPELLANT PRO SE: KENNETH J. YAGER Morristown, Indiana ATTORNEY FOR APPELLEES: JOHN A. STROH Sharpnack Bigley Stroh & Washburn, LLP Columbus, Indiana

IN THE COURT OF APPEALS OF INDIANA
WILLIAM B. KEATON and C. JACK CLARKSON, et al., ) ) ) and ) ) KENNETH J. YAGER, ) ) Appellants-Petitioners, ) ) vs. ) ) BIG FLATROCK RIVER BOARD OF ) SUPERVISORS OF RUSH COUNTY, ) ) and ) ) JOINT FAYETTE, HENRY and RUSH COUNTY ) DRAINAGE BOARD, GARY NAYLOR, ) JOSEPH LEISURE, LARRY HALE, MARVIN ) REES and STATE OF INDIANA, ) ) Appellees-Respondents. )

No. 70A01-0510-CV-453

APPEAL FROM THE RUSH CIRCUIT COURT The Honorable James B. Humphrey, Special Judge Cause Nos. 70C01-0306-MI-102, 70C01-0305-MI-92

December 29, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge William Keaton, C. Jack Clarkson and others ("Keaton") and Kenneth Yager appeal a summary judgment 1 for the Big Flatrock River Board of Supervisors and the Joint Fayette, Henry, and Rush County Drainage Board (collectively, "the Board"). 2 Between them, Keaton and Yager raise sixteen allegations of error, of which we address five. We find the Board's assessment of the minimum statutory amount was not error,

The trial court granted summary judgment on all issues raised except the constitutionality of the drainage statutes.
2

1

The Board moved to strike a reply brief and appendix Yager submitted, as both were filed late. Yager asserts his reply brief was in fact a cross-appellee's brief because the Board raised in its Appellee's Brief an "issue challenging the trial court's jurisdiction" and it was therefore timely filed. (Response to Appellees' Motion to Strike Reply Brief & Appendix of Appellant Kenneth J. Yager at 1.) We agree. In its brief the Board asserted the trial court had no jurisdiction over Yager's petition for judicial review of the Board's decision because his petition was filed late. Yager responded in his reply brief to that allegation. We accordingly deny the motion to strike Yager's reply brief and appendix. In addition we find the trial court had jurisdiction over Yager's petition. Such a petition must be filed within twenty days after the date the Board publishes notice its order or determination has been made. Ind. Code

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