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TOWN OF EATON v. RICKERT ET AL.

No. 31,041.

251 Ind. 219 (1968)

240 N.E.2d 821

TOWN OF EATON v. RICKERT ET AL.

Supreme Court of Indiana.

Filed October 10, 1968.

Attorney(s) appearing for the Case

Sidney E. McClellan, of Muncie, for appellant.

Paul Fredrick Brady, Frank C. Massey, Thomas L. Raisor, Brady & Brady, and Dennis, Cross, Raisor & Jordan, of Muncie, for appellees.

ARTERBURN, J.

This is an appeal from condemnation proceedings instituted by the Town of Eaton to take an easement and rights of way across appellees' land for the construction of a sewer. The Town Board on October 13, 1964, approved and confirmed a declaratory resolution and assessed damages and benefits accruing to the appellees by finding that they off-set each other. The board thereafter fixed a time certain at which it would hear remonstrances regarding the respective...

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