FUTTERMAN-MAROTT CORP. v. CITY OF FT. WAYNE

No. 567S1.

248 Ind. 503 (1967)

230 N.E.2d 102

FUTTERMAN-MAROTT CORPORATION v. CITY OF FORT WAYNE AND SOUTHTOWN MALL, INC.

Supreme Court of Indiana.

Filed October 4, 1967.


Attorney(s) appearing for the Case

Daniel B. Keller, Livingston, Dildine, Haynie & Yoder, of Fort Wayne for appellants.

J. Robert Arnold, Richard W. George, of Fort Wayne, for appellee City of Fort Wayne. Orvas E. Beers, Harry W. Scott, of Fort Wayne, Charles M. Wells, James E. Hughes, of Indianapolis, for appellee, Southtown Mall, Inc. Adair, Perry, Beers, McAlister & Mallers, of Fort Wayne, and Barnes, Hickam, Pantzer & Boyd, of Indianapolis, both of counsel.


MOTE, J.

Appellant brought this action below on its own behalf and on behalf of other taxpayers of the City of Fort Wayne, Indiana. The complaint prayed (1) for injunctive relief to prevent the defendant City of Fort Wayne from authorizing the defendant Southtown Mall, Inc. ("Southtown") from undertaking the construction of improvements upon certain real estate acquired by Southtown from the City, (2) for injunctive relief to prevent Southtown from constructing the...

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