Fight between city, Indiana DNR over dam in New Albany returns to court

NEW ALBANY, Ind. (WDRB) -- The fight over a dam in New Albany was back in court Tuesday afternoon.

Lawyers for the Indiana Department of Natural Resources are asking a Floyd County Superior Court judge to make the city restore the area under the Providence Mill Dam over Silver Creek.

The state argues Mayor Jeff Gahan and the City of New Albany have not been forthcoming with information about "emergency maintenance" performed at the dam.

That's where AJ Edwards, 14, drowned last Memorial Day weekend. His death sparked renewed calls to remove the dam, both from his family and local officials. But the city had previously sued to keep it in place.

In 2020, the River Heritage Conservancy and Ecosystems Institute applied for and were granted a permit to remove the dam, calling it dangerous. That's when the city, specifically Gahan's office, sued to stop it.

Shortly after the teen's death, Gahan ordered rock and boulders to be dumped next to the dam, calling it "emergency maintenance." But he did so without state or federal permits. The U.S. Army Corps of Engineers and the Indiana DNR said that violated state and federal law, and ordered the work to stop.

The Indiana DNR sued to get New Albany to remove the rock, and said it has since been stonewalled by the city. It also said city officials have repeatedly refused to participate in discovery or depositions for months, and filed for default judgement.

The DNR is asking the judge to stop the city from filling the dam with rock, remove what has already been placed, and pay DNR expenses, including attorney's fees.

The judge has 30 days to make a decision.

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