CROTHERS v. CITY OF FORT WAYNE

No. 3-572A5.

291 N.E.2d 702 (1973)

In the matter of the Annexation Proposed by Annexation Ordinance No. X-21-68 Being an Ordinance Which Would Annex Certain Territory to the City of Fort Wayne, Indiana and Include the Same in Councilman District No. 4. Marion CROTHERS and Others, Remonstrators-Appellants, v. CITY OF FORT WAYNE, Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 7, 1973.


Attorney(s) appearing for the Case

John E. Hoffman, Fort Wayne, for appellants; Hoffman, Moppert, Solomon & Miller, Fort Wayne, of counsel.

David B. Keller, City Atty., John M. Clifton, Jr., J.A. Bruggeman, Barrett, Barrett & McNagny, Fort Wayne, for appellee.


HOFFMAN, Chief Judge.

The primary issue in this appeal is whether each of the primary determinants required for annexation is supported by sufficient evidence. The primary determinants are set forth in Acts 1955, ch. 269, § 3, p. 7201 as found in Ind. Ann. Stat. § 48-702 (Burns 1963), as follows:

"The judge of the court shall, upon the date fixed, proceed to hear and determine such appeal without the intervention of...

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