GLOSSER, ET AL. v. NEW HAVEN

No. 1069S223.

256 Ind. 33 (1971)

267 N.E.2d 67

GLOSSER, ET AL. v. CITY OF NEW HAVEN.

Supreme Court of Indiana.

Filed February 26, 1971.


Attorney(s) appearing for the Case

Richard W. George, Bloom & Bloom, of counsel, of Fort Wayne, Arthur H. Gemmer, Gemmer & Frosch, of counsel, of Indianapolis, for appellants.

Arthur H. Fruechtenicht, Robert J. Parrish, of Fort Wayne, George B. Gavit, Ice Miller Donadio & Ryan, of Indianapolis, for appellees.


GIVAN, J.

The plaintiffs (appellants) filed their complaint in the trial court "... to enjoin ultra vires action by the city of New Haven and its Mayor and its Common Council, to set aside certain sewage ordinances as capricious, discriminatory and void." The trial court held the action to be a public lawsuit as defined in Indiana Acts of 1965, Chapter 357, Burns Ind. Stat., 1968 Repl., § 3-3301 et seq....

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