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CIVIL CITY OF GAS CITY v. EASTBROOK COMMUNITY

No. 2-376A117.

377 N.E.2d 424 (1978)

CIVIL CITY OF GAS CITY, Indiana, Mayor Eugene Linn, As the Mayor Thereof, and Zan Wood, Larry Leach, James Leach, Leon Ballinger and James O'Brien, As the Members of the Common Council of Said City, Carl Bowman, As the County Assessor of Grant County, Indiana, Ernest Nicholson, As the County Auditor of Grant County, Indiana, and Mississinewa Community School Corporation, Appellants, v. EAS ROOK COMMUNITY SCHOOL CORPORATION AND WILLIAM ATKINS, N.J. Hayes, Paul White, Robert Fincannon and Mary Catherine Clupper, As and Constituting Its Board of Trustees, Harvey Hayes, As Township Trustee of Monroe Township, Nelson Jim Hayes, and Grant County Ford Tractor Sales, Inc., Appellees.

Court of Appeals of Indiana, Second District.

June 29, 1978.

Attorney(s) appearing for the Case

Thomas R. Hunt, David L. Kiley, Kiley, Osborn, Kiley, Harker & Rogers, Marion, for appellants.

Lloyd W. Cochran, Wagoner & Cochran, Marion, for amicus curiae I-69 Industrial Park, Inc.

C. Robert Knight, Indianapolis, for amicus curiae Indiana Association of Cities and Towns.

Arden W. Zobrosky, Marion, for appellees.

WHITE, Judge.

The appellees brought a declaratory judgment action against appellants seeking to have an annexation ordinance of the Civil City of Gas City declared invalid. The trial court found that plaintiff Nelson Jim Hayes was a real property owner and taxpayer of the city and concluded that he had standing to maintain the action. The court also found that the territory sought to be annexed was not contiguous to the city and concluded as a matter of law that the...

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