NAJAM, Judge.
Robert Isgrigg files a petition for rehearing from our opinion in which we affirmed in part and reversed in part the trial court's entry of summary judgment for Isgrigg. See Clark County Drainage Bd. v. Isgrigg, 963 N.E.2d 9 (Ind.Ct.App. 2012) ("Clark County I"). In his petition, Isgrigg contends that our conclusion that the Sunset Hills project did not involve a regulated drain is erroneous for four reasons, two of which we consider on rehearing.
Isgrigg first asserts that the Sunset Hills project involved tiled drains. In our prior opinion, we noted that "[t]here is no dispute that the Sunset Hills project did not involve a tiled drain." Id. at 21 n. 7. Isgrigg made no mention of tiled drains in his appellee's brief. It is well established that a party may not raise an argument for the first time in a petition for rehearing. Carey v. Haddock, 881 N.E.2d 1050, 1051 (Ind.Ct.App.2008), trans. denied. Nonetheless, in an attempt to avoid
Isgrigg's claim of surprise on this issue is not well founded. The Drainage Board's second stated issue in its brief to this court was "[w]hether the trial court erroneously concluded that certain drainage improvements . . . resulted in the establishment of regulated drains as defined by Indiana law." Appellant's Br. at 1. The issue was squarely presented, and we addressed it. In considering this issue with respect to the Sunset Hills project, we held that "the Drainage Board's subdivision project did not establish a regulated drain under the Indiana Code." Clark County I, at 11. Our analysis turned on the statutory definition of regulated drains, which, under the plain text of the statute, would include tiled drains if present. Id. at 10-12.
However, instead of arguing that tiled drains were present, Isgrigg made the unsupported argument that any action by the Drainage Board ipso facto established a regulated drain. Id. at 12. The fact that Isgrigg did not address the statutory language in his appellee's brief is not grounds for relief on rehearing. Whether the Sunset Hills project established a regulated drain under the Indiana Code was plainly before us, and our review of a plainly raised issue is not limited by one party's failure to fully address it. See, e.g., Van Prooyen Builders, Inc. v. Lambert, 911 N.E.2d 619, 621 (Ind.Ct.App.2009), trans. denied. Having missed his opportunity to present this argument on appeal, Isgrigg may not do so for the first time in his petition for rehearing.
Isgrigg next contends that a swale is a regulated drain under the Indiana Code. In our prior opinion, we noted that Indiana Code Section 36-9-27-2 requires an open drain, which in turn is defined as "a natural or artificial open channel that: (1) carries surplus water; and (2) was established under or made subject to any drainage statute." We then concluded that "the Drainage Board's evidence shows that there were no open channels in the Sunset Hills subdivision either before or after its involvement in the Sunset Hills project. A swale is not a regulated drain." Clark County I, at 22.
In his petition for rehearing, Isgrigg claims that a swale is an open drain because Brian Dixon, the Drainage Board's expert, testified that he considers them to be. Isgrigg does not otherwise question our statutory interpretation. Isgrigg's argument is without merit.
Statutory interpretation is a function for the courts, and our goal in statutory interpretation is to determine, give effect to, and implement the intent of the legislature as expressed in the plain language of its statutes. State v. Prater, 922 N.E.2d 746, 749 (Ind.Ct.App.2010), trans. denied. "The first rule of statutory construction is that `[w]ords and phrases shall be taken in their plain, or ordinary and usual, sense.'" Id. (quoting Ind.Code
RILEY, J., and MAY, J., concur.