News From Terre Haute, Indiana


July 2, 2013

Legal complaint against city’s sanitary district dropped

Action could have significantly delayed work on Hulman Dam project

TERRE HAUTE — A Terre Haute property owner has dropped a legal complaint that could have jeopardized a costly city flood control project.

On Monday morning, an attorney representing C. Long LLC filed a motion to dismiss a complaint against the city’s sanitary district that could have significantly delayed work on the Hulman Dam, which is part of Hulman Lake. The lake is on Hulman Street between Fruitridge Avenue and Indiana 46/U.S. 40.

Joseph A. Cloutier is the sole member of C. Long, according to court documents filed in the case. C. Long owns property along Hulman Lake.

Kelvin Roots, a Terre Haute attorney representing C. Long, told Senior Judge Dexter Bolin Monday that his client has, “in good faith,” chosen to dismiss the complaint, which will allow work on the dam to move forward. Federal funding for the project would have been in jeopardy if the project were delayed much longer, Roots said.

“We don’t want to hold up the construction” or the funding, Roots told the judge.

Terry Modesitt, attorney for the sanitary district, agreed federal funding could have been lost if the project were delayed much longer. “It was cutting it close,” Modesitt said, adding that construction can now probably begin next week.

The cost of raising the dam is estimated at about $800,000. The federal government, through a state-administered Community Development Block Grant, is covering $750,000. The sanitary district will cover the rest.

The legal complaint stemmed from concern that the dam project would damage C. Long property, which is near the dam. Roots proposed an amended easement Monday for review by the sanitary district board of directors, who are scheduled to meet today in City Hall.

Still pending are other complaints filed by C. Long against the sanitary district concerning alleged property damage caused by the lake rising beyond its easement area. Bolin continued that portion of the lawsuit to an unspecified future date.

Hulman Dam is to be raised approximately five feet to meet new state requirements for any dam whose breach would result in significant damage to homes or infrastructure. A 2011 study of the Hulman Dam by Banning Engineering, a Plainfield-based company, determined a breach of the dam would affect thousands of Terre Haute homes to the west of Hulman Lake.

S & G Excavating, a Wabash Valley company, won the contract to raise the dam.

The Indiana Department of Natural Resources is now requiring dams such as Hulman Dam to withstand a massive rain known as a “probable maximum precipitation” (PMP) event. Such an event would mean 26 inches of rain in just six hours in this area. That’s approximately twice as much rain in six hours as the Terre Haute area received in 24 hours during the flood of June 2008.

Reporter Arthur Foulkes can be reached at 812-231-4232 or arthur.foulkes@

Text Only | Photo Reprints
Latest News Poll
AP Video
Raw: Air Algerie Flight 5017 Wreckage Raw: Big Rig Stuck in Illinois Swamp Judge Faces Heat Over Offer to Help Migrant Kids More M17 Bodies Return, Sanctions on Russia Grow Gaza Residents Mourn Dead Amid Airstrikes Kangaroo Goes Missing in Oklahoma Ohio State Marching Band Chief Fired After Probe Dempsey: Putin May Light Fire and Lose Control Crashed Air Algerie Plane Found in Mali Kerry: No Deal Yet on 7-Day Gaza Truce Israel Mulls Ceasefire Amid Gaza Offensive Raw: Iowa Police Dash Cam Shows Wild Chase Raw: Air Algerie Crash Site in Mali Virginia Governor Tours Tornado Aftermath Raw: Deadly Tornado Hits Virginia Campground Raw: Bolivian Dancers Attempt to Break Record Police: Doctor Who Shot Gunman 'Saved Lives' In Case of Fire, Oxygen Masks for Pets Mobile App Gives Tour of Battle of Atlanta Sites Israeli American Reservist Torn Over Return
NDN Video
Big Weekend For Atlanta Braves In Cooperstown - @TheBuzzeronFox Chapter Two: Becoming a first-time director What's Got Jack Black Freaking Out at Comic-Con? Doctors Remove 232 Teeth From Teen's Mouth Bradley Cooper Explains His Voice in 'Guardians of the Galaxy' Deja vu: Another NYPD officer choke-holding a suspect 'Fifty Shades of Grey': Watch the Super Sexy First Trailer Now! Reports: Ravens RB Ray Rice Suspended For 1st 2 Games Of The Season Air Algerie plane with 119 on board missing over Mali Diamond Stone, Malik Newman, Josh Jackson and others showcase talent Free Arturo - The World's Saddest Polar Bear A Look Back at Batman On Film Through The Years LeBron James -- Dropped $2k On Cupcake Apology ... Proceeds To Benefit Charity Snoop Dogg Says He Smoked Weed at the White House Raw: Fight Breaks Out in Ukraine Parliament Chris Pratt Interrupts Interview To French Braid Intern's Hair Shirtless Super Mario Balotelli Dances While Ironing - @TheBuzzeronFOX Whoa! Watch "Housewives" Star Do the Unthinkable LeBron apologizes to neighbors with cupcakes Justin Bieber In Calvin Klein Underwear Shoot

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -


    March 12, 2010

Real Estate News