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CITY OF MUNCIE v. PIZZA HUT OF MUNCIE, INC.

No. 2-275A23.

357 N.E.2d 735 (1976)

The CITY OF MUNCIE, Indiana, Appellant (Defendant below), v. PIZZA HUT OF MUNCIE, INC. and Aus-Whit, Inc., Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

December 7, 1976.

Attorney(s) appearing for the Case

David S. Wallace, Warner, Peckinpaugh & Warner, Muncie, for appellant.

Sidney E. McClellan, Muncie, for appellees.

LYBROOK, Judge.

The City of Muncie, Indiana, defendant-appellant, appeals from being permanently enjoined and restrained from denying to the plaintiffs the way of ingress and egress to and from their property abutting New York Avenue, and from obstructing such ingress and egress. Appellant raises the following issues for review:

(1) Whether the court erred in mandating the City to allow ingress and egress to plaintiffs' property, absent a finding that the...

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