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FRITZ v. TOWN OF CLERMONT

No. 1171A229.

292 N.E.2d 258 (1973)

Walter E. FRITZ and Ramona J. Fritz, Plaintiffs-Appellants, v. TOWN OF CLERMONT, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 21, 1973.

Attorney(s) appearing for the Case

Harold W. Jones and Robert W. Geddes, of Smith & Jones, Indianapolis, for appellants.

Jack H. Rogers and Ronald R. Snyder, of Roberts & Ryder, Indianapolis, for appellee.

HOFFMAN, Chief Judge.

This appeal is from a judgment of the trial court against the plaintiffs-appellants Walter E. Fritz and Ramona J. Fritz on their amended complaint appealing a sewer construction assessment. The primary issue here presented is whether a 32.7 acre tract of land already receiving sewer service is specially benefited by the construction of "trunk and main" sewers within a designated assessment area.

The instant appeal turns upon the interpretation...

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