KRIMENDAHL ETC., ET AL. v. COMMON COUNCIL

No. 1068A175.

146 Ind. App. 142 (1969)

253 N.E.2d 281

KRIMENDAHL EX REL. DELAWARE TWP., ET AL. v. COMMON COUNCIL, CITY OF NOBLESVILLE.

Court of Appeals of Indiana.

Filed December 11, 1969.


Attorney(s) appearing for the Case

Arthur H. Gemmer, Gemmer & Frosch, of counsel, of Indianapolis, for appellants.

Christian, Waltz, White & Klotz, of Noblesville, Chalmer Schlosser, Albert W. Ewbank, of Indianapolis, for appellees.


HOFFMAN, J.

This appeal arose from the entry of summary judgment in favor of the defendant-appellees.

The facts relevant to our consideration are as follows:

Appellee-Carl David Gatewood and his wife were, at the time of the commencement of this action, the owners of certain real estate located in Delaware Township, Hamilton County, Indiana. Sometime in 1960 or 1961 Mr. Gatewood began development of a private airport on his property. On October 10...

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