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FIRST CHURCH OF THE NAZARENE v. WEAVER

Nos. 172A59, 572A241.

289 N.E.2d 155 (1972)

FIRST CHURCH OF THE NAZARENE and the First Baptist Church, Plaintiffs-Appellants, v. John W. WEAVER, Mayor, City of Elkhart, Indiana, et al., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

November 21, 1972.

Attorney(s) appearing for the Case

John D. Ulmer, George E. Buckingham, and Yoder, Ainlay, Ulmer & Buckingham, Goshen, for appellants.

A.J. Spahn, Victor Arko, Bontrager, Spahn, Atwater & Arko, Elkhart, for appellee CCG Associates.

Edward C. Stuart, Elkhart, for appellees John W. Weaver, Mayor City of Elkhart, Ind., City of Elkhart, Ind., and L. LaMar Ott, President of Common Council of City of Elkhart, Ind.

HOFFMAN, Chief Judge.

In this opinion two appeals, each involving the same parties and subject-matter and presenting the same issues for our determination, have been consolidated. One of these appeals, Cause No. 172 A 59, is from the dismissal by the Elkhart Circuit Court, Wilmer L. McLaughlin, Special Judge, of a petition for a writ of certiorari. The other appeal, Cause No. 572 A 241, is a negative decision of the Elkhart Circuit Court, Gene B. Lee, Special Judge...

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