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CITY OF LAFAYETTE v. BEELER

No. 2-476A129.

381 N.E.2d 1287 (1978)

CITY OF LAFAYETTE, Appellant (Plaintiff below), v. Harold E. BEELER, J. Irene Beeler, and Lafayette Savings Bank, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

November 9, 1978.

Attorney(s) appearing for the Case

Gregory J. Donat, Richard T. Heide, Heide, Gambs & Mucker, Lafayette, for appellant.

Paul D. Ewan, Schultz, Ewan & Burns, Lafayette, for appellees.

SULLIVAN, Judge.

This appeal arose out of an action in eminent domain brought by the City of Lafayette, Indiana, on September 24, 1974, to condemn, for sewer easement purposes, a portion of property owned by Harold and Irene Beeler.

The property in question lies upon 11.02 acres of undeveloped land located adjacent to other land also owned by the Beelers which has been subdivided and developed. The area condemned for the easement is a strip running irregularly...

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