A legal battle over a southern Indiana dam where a teenager died last year continued in court Tuesday.A "pattern of delays" is the accusation against the City of New Albany on its response to a legal battle over a Silver Creek dam. Lawyers for the city and the Indiana Department of Natural Resources were back in court on Tuesday for a hearing in Floyd Superior Court over the Providence Mill dam. The Indiana DNR filed for a permanent injunction against the city last year after Mayor Jeff Gahan authorized emergency maintenance to fill the dam with rock.He did so in response to 14-year-old Andre Edwards Jr. drowning when he got trapped in the wave beneath the low-head dam last Memorial Day. He authorized the fill last August but did so without proper state and federal permits. That same month, when the city did not remove the fill, the Indiana DNR took legal action. A Floyd County judge did grant a preliminary injunction, which prevents the city from entering the site temporarily. A judge also issued a motion for the parties to mediate. However, on Tuesday, Meredith McCutcheon, Deputy Attorney General for the Indiana Attorney General's Office, says the city has not responded to requests for discovery documents, missed two depositions on the issue, and hasn't been responsive to dates about mediation, making it hard to schedule. "So at this point, no response, I am interpreting as evasion of a response," said McCutcheon. She instead requested to vacate the order for mediation. In February, the DNR filed for a default judgment in their favor.Gordon Ingle, who is representing New Albany in this civil filing, says in response to the depositions, the first one was scheduled in Indianapolis, which he said was "not permissible under trial rules."For the second deposition scheduled with the mayor, Ingle wasn't available to be there. He also argued he ran into scheduling issues with the DNR but says he provided three dates that they could meet."They could pick any of those three, and the other dates were available for depositions," he said. "I said I was going to keep those open, asked the city to keep those open for discovery issues."However, McCutchen said the mediator was not available for two of the dates he provided. Judge Maria Granger did not grant the motion to vacate on Tuesday, instead saying she wants both sides to still have the option. "Mediation can always be useful for parties to get a controversy resolved quickly," she said. "I'm going to leave that as an option, given the fact that perhaps circumstances will change or be adjusted in some way that makes it make sense for the parties to do that quickly," she said. However, she also scheduled a hearing for a default judgment. That hearing is set to take place on April 21. This comes as creek levels are high following recent rains. McCutcheon called the situation "urgent.""The waterway is restricted above the dam," she said. "It can cause flooding, especially as we reach a season that might have even more rain. And also that fill can migrate down the stream and pose a safety hazard there."However, Ingle argued the situation is not urgent, saying that because of the high water levels, no work could be done until June. Last August, 비바카지노 Viva filed a records request for information on the cost of the fill at the dam. We맥스카지노�ve followed up multiple times, but eight months later, the city has still not fulfilled our request.