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BD. OF AVIATION COM'RS OF CLARK CTY. v. SCHAFER

No. 1-1276 A 257.

366 N.E.2d 195 (1977)

BOARD OF AVIATION COMMISSIONERS OF CLARK COUNTY, Indiana, Plaintiff-Appellant, v. Marie SCHAFER, Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied September 27, 1977.

Attorney(s) appearing for the Case

Ernest W. Smith, Fox & Smith, Jeffersonville, for plaintiff-appellant.

Charles W. Hoodenpyl, Jr., Jeffersonville, for defendant-appellee.

LOWDERMILK, Judge.

STATEMENT OF THE CASE

Plaintiff-appellant Board of Aviation Commissioners of Clark County, Indiana (Board) commenced condemnation proceedings against Defendant-appellee Marie Schafer, owner of 81 acres of land which was part of the land upon which an airport for Clark County was to be built. Prior to the introduction of any evidence the Board made a motion pursuant to Ind.Rules of Procedure, Trial Rule 52(A), wherein it asked the court...

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