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ENSWEILER v. CITY OF GARY, LAKE COUNTY

No. 3-174A43.

350 N.E.2d 658 (1976)

Henry J. ENSWEILER, Jr. and James Neugebauer, Appellants, v. The CITY OF GARY, LAKE COUNTY, Indiana, et al., Appellees, and Dr. J.J. Forszt et al., Additional Appellees, Landowner's Appeal, Remonstrance and Complaint from Purported Annexation by the City of Gary, Lake County, Indiana, of Certain Territory, Appellants.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 11, 1976.

Attorney(s) appearing for the Case

Bernard M. Tetek, Gerald N. Svetanoff, Gary, for appellants.

Charles A. Ruckman, Corp. Counsel, Gary, for appellees.

GARRARD, Judge.

This appeal is brought to determine whether an area in Lake County is to be annexed by the City of Gary or whether appellants (Ensweiler) may proceed with an effort to incorporate the area as a new town. The appeal is a consolidation of two cases. The first case, an action by Ensweiler and counterclaim by the city, sought a declaration of rights and injunctive relief as to whether Ensweiler was entitled to proceed to a determination of the petition...

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