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COMMON COUNCIL, ETC. v. HIGH MEADOWS, INC.

No. 3-1074A173A.

362 N.E.2d 1166 (1977)

COMMON COUNCIL OF THE CITY OF CROWN POINT, Lake County, Indiana, Kenneth L. Haniford, Clerk-Treasurer of City of Crown Point, Indiana, Appellants (Respondents below), v. HIGH MEADOWS, INC., an Indiana Corporation, Catlow Builders, Inc., an Indiana Corporation, Turnkey Builders, Inc., an Indiana Corporation, Thomas E. Schmal, Kenneth C. Catlow, Bruce T. Fleming, Harold A. Henderlong, and Harold L. Wheeler, Appellees (Petitioners below).

Court of Appeals of Indiana, Third District.

May 23, 1977.

Attorney(s) appearing for the Case

William B. Davis, Hodges, Davis, Gruenberg, Compton & Sayers, Merrillville, for appellants.

Alvan E. O'Connor, Alvarez & O'Connor, Gary, Porter R. Draper, Tulsa, Okl., for appellee.

GARRARD, Judge.

The City of Crown Point by its Ordinance No. 828 sought to increase the fees charged for a permit to connect to the city's sanitary sewer system. Under the ordinance the fee for a single family residence would be $500; and for an apartment building, $500 plus $200 for each unit after one.

Appellees (landowners) challenged the ordinance. The trial court sustained the challenge finding that the fees "are substantially in excess of and bear no...

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