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MONTAGANO v. CITY OF ELKHART

No. 770-A-103.

271 N.E.2d 475 (1971)

Anthony J. MONTAGANO et al., Appellants, v. CITY OF ELKHART, Indiana, Appellee.

Appellate Court of Indiana, Division No. 1.

July 27, 1971.

Attorney(s) appearing for the Case

Douglas D. Seely, Jr., South Bend, for appellants.

Paul L. Myers, David A. Denton, F. LeRoy Wiltrout, Elkhart, for appellee.

SULLIVAN, Presiding Justice.

In this case the appellants-plaintiffs as taxpayers and residents of the city filed a "complaint for declaratory judgment" to challenge an annexation ordinance of the Elkhart City Council. On motion of the appellee-defendant, summary judgment was granted on pleading paragraph II of the complaint.1 In their motion to correct errors, appellants-plaintiffs contended...

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