The city of New Albany has spent more than four years fighting to keep a century-old low-head dam in place. It’s a fight the administration is willing to take to the state’s highest court.
On Oct. 14, attorneys for the city filed a petition asking the Indiana Supreme Court to review a case related to the Providence Mill Dam, also known as the Glenwood Park Dam, in Silver Creek.
The case revolves around a previously issued permit to remove the dam — a permit that’s at the center of the city’s four-year challenge to keep the dam standing.
The Indiana Department of Natural Resources granted that permit in 2021 to a contractor for River Heritage Conservancy, a nonprofit overseeing plans for nearby Origin Park.
The conservancy wants to remove the dam for safety reasons. New Albany Mayor Jeff Gahan’s administration says it’s an asset to the city and has challenged the permit.
In the petition filed earlier this week, attorneys for the city say when approving the permit, the Indiana Department of Natural Resources didn’t correctly apply the state’s Flood Control Act, using a portion that relates to constructing, not demolishing structures.
The city argues that agency can only issue permits for construction. It's the Indiana Natural Resources Commission that can condemn a structure for demolition “after it follows constitutionally proscribed eminent domain procedures,” according to the filing.
The city has repeatedly challenged the permit — with the state, in a Floyd County court, and finally with the Indiana Court of Appeals, before seeking transfer to the Indiana Supreme Court this week. All appeals have been unsuccessful thus far.
The petition filed this week also questions the Indiana Court of Appeals' interpretation of the Flood Control Act.
Some New Albany City Council members have recently voiced concerns over the administration's continued legal challenges regarding the dam and the lack of information on how much the city is spending on the efforts.
Of the push to the state Supreme Court, City Council Member Stefanie Griffith said “that was one of our fears, was how far are they going to keep taking this and spending more money without transparency.”
The council voted 7-0 in September to request the mayor provide information on spending for the dam before they passed the 2026 budget.
In a letter to the council, Gahan wrote that due to the ongoing litigation, “it would not be appropriate to release specific expenditures at this time.
“However, I can assure you that the City continues to operate with the highest standards of financial prudence and responsibility.”
But Griffith said there’s been enough time spent on this litigation. “Why continue to go through and spend more money on something that's been determined?”
She was one of the members who earlier this month voted to require council approval of additional appropriations for a fund that could be supporting legal expenses for the dam.
That amendment failed by one vote.
New Albany City Council President Adam Dickey previously told LPM News the administration provides regular recaps on expenditures, but the reports don’t lay out specifically what is going toward the dam.
He said he understands his colleagues' frustration and that everyone wants a resolution. He said it’s the mayor’s call on how to proceed with the legal matters.
“I think that the mayor has to make decisions with regards to…the city's interest here, and if he feels like there's an important interest to be reviewed by the Supreme Court, then that's obviously his judgment call.”
A call and email to city hall Friday was not immediately returned.
Multiple other lawsuits related to the dam are ongoing. Amanda Malott, the mother of 14-year-old A.J. Edwards Jr., who drowned near the dam last May, is suing the city and others for negligence.
The Indiana Department of Natural Resources brought legal action last year when, two months after Edwards’ death, Gahan had rocks placed at the dam to stop the hydraulic current below.
They say that was done without permitting. The parties have agreed to mediation, which Gahan said in the Oct. 6 letter to the council is scheduled for next month.
Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel & Walter T. Bales Foundation, and the Caesars Foundation of Floyd County.
