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BRENDANWOOD NEIGH. ASS'N, INC. v. COMMON COUNCIL

No. 1-475A66.

338 N.E.2d 695 (1975)

THE BRENDANWOOD NEIGHBORHOOD ASSOCIATION, Inc., (Plaintiff below), and Dan Wheat and Carolyn K. Wheat, Husband and Wife, Appellants, v. The COMMON COUNCIL of the City of Lebanon, Indiana, et al., Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied January 19, 1976.

Attorney(s) appearing for the Case

Hollingsworth Martin & Buchanan, Buchanan & Buchanan, Lebanon, for appellants.

James L. Goodwin, Lebanon, William F. LeMond, Indianapolis, Wendell B. Iddings, Lebanon, for appellees.

LYBROOK, Judge.

Plaintiff-appellant The Brendanwood Neighborhood Association (BNA) and appellants Dan and Carolyn Wheat, husband and wife, appeal from the dismissal of BNA's complaint and from the subsequent refusal of the trial court to permit amendment to the complaint naming the Wheats as parties plaintiff. The propriety of that refusal forms the primary issue on appeal.

The record reveals that on May 1, 1974, BNA filed a complaint in the Boone Circuit...

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