LOUISVILLE, Ky. (WAVE) - The Indiana Court of Appeals has upheld the previous rulings made in the case regarding the removal of the Providence Mill Dam.
In Feb. 2021, Ecosystems Connections Institute (ECI) requested and received permission from the Indiana Department of Natural Resources (DNR) to remove the low-head dam. This decision was affirmed by the Natural Resources Commission.
The City of New Albany filed a lawsuit against ECI and DNR, and sought judicial review of the decision. This request was denied, according to court documents.
The City has been challenging the removal for around four years, but has lost multiple legal cases.
In Judge Cale J. Bradford’s opinion that was issued on Thursday, he noted, “It has long been Indiana law that a claimant with an available administrat