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STATE v. CHURCH OF NAZARENE OF LOGANSPORT

No. 2-975A224.

354 N.E.2d 320 (1976)

STATE of Indiana, Appellant (Plaintiff below), v. THE CHURCH OF THE NAZARENE OF LOGANSPORT ET AL., Appellee (Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied October 20, 1976.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Anthony J. Metz, III, Deputy Atty. Gen., Indianapolis, for appellant.

Roger K. Claudon, Conover, Claudon & Billings, Valparaiso, Frederick Sabatini, Hanna, Small, Sabatini & Becker, Logansport, for appellee.

LYBROOK, Judge.

The State of Indiana, appellant-plaintiff, brings this appeal following a jury verdict in the sum of $45,000 in favor of the Church of the Nazarene of Logansport, defendant-appellee. This action arose from a partial taking, through condemnation proceedings, of land owned and occupied by the Church.

The facts most favorable to the appellee reveal that the Church was located on the corner of Lynas and Clinton Streets in the City of Logansport...

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