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INDIANAPOLIS RYS. v. CITY OF INDIANAPOLIS

No. 28,698.

229 Ind. 487 (1951)

98 N.E.2d 505

INDIANAPOLIS RAILWAYS, INC. v. CITY OF INDIANAPOLIS ET AL.

Supreme Court of Indiana.

Rehearing denied June 11, 1951.

Attorney(s) appearing for the Case

Gilliom, Armstrong & Gilliom of Indianapolis; and Arthur C. Van Duyn, of Greenfield, for appellant.

Edward H. Knight, Corporation Counsel; Michael B. Reddington, City Attorney, and Byron P. Hollett, Assistant City Attorney; Warrick Wallace; Dan R. Winchell; and Baker & Daniels, all of Indianapolis, for appellees.

JASPER, J.

This is an action brought by appellee, City of Indianapolis, for a declaratory judgment, under § 3-1101, Burns' 1946 Replacement, to have the trial court declare the rights of the parties under the grade separation statutes, §§ 48-3401 to 48-3410, inclusive, Burns' 1950 Replacement (Acts 1923, ch. 152, p. 425, as amended by Acts 1933, ch. 25, p. 116), and §§ 55-1810 to 55-1812, inclusive, Burns' 1951 Replacement (Acts

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