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INDIANA TOLL RD. COMM. v. JANKOVICH ET AL.

No. 30,109.

244 Ind. 574 (1963)

193 N.E.2d 237

INDIANA TOLL ROAD COMMISSION v. JANKOVICH ET AL.

Supreme Court of Indiana.

Rehearing denied December 17, 1963.

Attorney(s) appearing for the Case

Robert L. McMahan, of South Bend, Winfield L. Houran, Chester, Clifford, Hoepper & Houran, of counsel, of Valparaiso, Paul J. DeVault and Kreig, DeVault, Alexander & Capehart, of counsel, of Indianapolis, for appellant.

Straley Thorpe, of Hammond, for appellees.

ACHOR, J.

This is an action for damages alleged to have been sustained by appellees as a result of the construction by appellant of the Indiana East-West Toll Road in violation of a Master Airport Zoning Ordinance of the City of Gary, and the contract rights of appellees as lessees of a portion of the Gary Municipal Airport. The appellees also sought to enjoin and restrain appellant from maintaining the toll road at its present elevation.

The circumstances...

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