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STATE, ETC. v. TOWN OF ROSELAND

No. 3-1077A255.

383 N.E.2d 1076 (1978)

STATE of Indiana, Acting by and through the Indiana State Board of Accounts and Its Individual Members, As Follows: Kenneth Beesley, Richard Worley and Charles Stout, Appellants (Defendants below), v. TOWN OF ROSELAND, Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied February 9, 1979.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Arthur Thaddeus Perry, Asst. Atty. Gen., Indianapolis, for appellants.

James F. Groves, Noell, Groves & White, South Bend, Sommer, Barnard, Freiberger & Scopelitis, James E. Hughes, Gordon L. Pittenger, Indianapolis, for appellee.

STATON, Judge.

The Town of Roseland, Indiana, brought an action for declaratory judgment, seeking determination of an actual controversy regarding whether the Town could retain in its general fund fines assessed for violations of local speeding ordinances. The trial court entered declaratory judgment in favor of the Town of Roseland. The State appeals. Finding no error, we affirm.

The parties to the controversy stipulated that there was no dispute as to the...

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