LOUISVILLE, Ky. (WDRB) -- The Indiana Department of Natural Resources is asking a Floyd County Superior Court to take action against the city of New Albany over the Providence Mill Dam on Silver Creek.
In 2020, the River Heritage Conservancy and Ecosystems Institute applied for and were granted a permit to remove the dam, calling it dangerous.
The city of New Albany, specifically Mayor Jeff Gahan's office, sued to stop it.
The controversy started after 14-year-old AJ Edwards drowned there on Memorial Day last year. His death renewed calls to remove the dam, both from his family and local officials.
In response, 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 Indiana DNR sued to get the city to remove the rock, and said it has since been stonewalled by the city of New Albany.
WDRB has filed multiple requests to find out exactly how much the city has spent on emergency maintenance and lawyer's fees, but have not heard back.
In the meantime, the Indiana DNR said city officials have repeatedly refused to participate in discovery or depositions for months, and the DNR has now filed for default judgement.
The DNR is asking for the Floyd Superior Court to stop the city from filling the dam with rock, remove what has already been placed, and pay DNR expenses, including attorney's fees.
Right now, the DNR said the flooding risk is elevated because of the rock fill and the failure of a dam upstream. They said that is a risk to both people's lives and property.
Requests to Gahan's office for comment Tuesday have not yet been answered.
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