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BOARD OF COMMISSIONERS v. BOARD OF TRUSTEES

No. 1-1073A179.

325 N.E.2d 482 (1975)

BOARD OF COMMISSIONERS of the County of Bartholomew, Indiana, et al., Plaintiffs-Appellants, v. The BOARD OF TRUSTEES of the Town of Edinburg, Indiana, et al., Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied May 29, 1975.

Attorney(s) appearing for the Case

Cline, King & Beck, Thompson & Jones, Columbus, for appellants.

James A. Buck, Gary R. Landau, Buck, Berry, Landau & Breunig, Indianapolis, for appellees.

LOWDERMILK, Judge.

Plaintiffs-appellants (County Owners) brought this action against defendants-appellees (Edinburg) seeking to permanently enjoin Edinburg from exercising territorial jurisdiction for all land use control over that portion of land in Bartholomew County which was within two miles of Edinburg. Edinburg sought to exercise control over the area, pursuant to a proviso of IC 1971, 18-7-5-34, Ind. Ann. Stat. ...

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