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BD. OF DIR., BEN DAVIS, ETC. v. CLOVERLEAF FARMS

No. 2-1274A296.

359 N.E.2d 546 (1977)

BOARD OF DIRECTORS, Ben Davis Conservancy District, Appellant (Defendant below), v. CLOVERLEAF FARMS, Inc., Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

January 20, 1977.

Attorney(s) appearing for the Case

Phillip C. Klotz, Noblesville, Robert E. Sward, Andrew Jacobs, Sr., Indianapolis, for appellant.

J.C. Burris, Indianapolis, of counsel; Burris & Gross, Indianapolis, Campbell, Kyle, Proffitt, Cook & Campbell, Noblesville, for appellee.

LYBROOK, Judge.

Defendant-appellant Ben Davis Conservancy District (District) appeals from a decision entitling Cloverleaf Farms, Inc. (Cloverleaf) to a remuneration from the District for the cost of sewers installed on land developed by Cloverleaf. Cloverleaf claimed below that an easement contract to which they were successors in interest, entitled them to installed sewers at the District's expense.

On April 27, 1960, the District and James Hardin entered...

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