The Township of West Lincoln brought a motion under Rule 38.11 to set aside a consent order declaring a watercourse on the applicants' property to be a navigable waterway, which effectively created a natural severance.
The Township argued it was an affected person because the order bypassed its planning authority over lot creation and impacted a demolition agreement.
The court dismissed the motion, finding that the Township's statutory planning authority and contractual agreements did not constitute a proprietary or economic interest required to give it standing as an affected person under Rule 38.11.
