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CITY OF AURORA v. BRYANT ET AL.

No. 29,780.

240 Ind. 492 (1960)

165 N.E.2d 141

CITY OF AURORA v. BRYANT ET AL.

Supreme Court of Indiana.

Rehearing denied April 28, 1960.

Attorney(s) appearing for the Case

Richard R. Mattingly, Hartell F. Denmure, both of Aurora, Michael L. Fansler, Gustav H. Dongus and Fansler, Fauvre, Dongus & Chambers, of counsel, all of Indianapolis, for appellant.

Charles A. Lowe, Richard K. Ewan, William M. Turner, James T. Hooper, all of Lawrenceburg, Gilmore S. Haynie, David B. Keller and Campbell, Livingston, Dildine & Haynie, of counsel, all of Ft. Wayne, for appellees.

BOBBITT, J.

This action was brought under Acts 1949, ch. 216, § 2, p. 701, being § 48-702, Burns' 1950 Replacement.1

The Common Council of appellant City of Aurora adopted an ordinance annexing certain territory under the provisions of Acts 1905, ch. 129, § 242, being § 48-701, Burns' 1950 Replacement. Less than 51% of the persons owning property in the territory sought to be annexed filed their written remonstrances...

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