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  5. 383 N.E.2d 481 (1978)
 

MATTER OF ANNEXATION, ETC.

No. 3-576A112.

383 N.E.2d 481 (1978)

In the matter of the ANNEXATION PROPOSED BY ANNEXATION ORDINANCE NO. X01-74, being an ordinance to annex certain territory to the City of Fort Wayne and to Include the Same in Councilmatic District No. 2. ENVIRONMENTAL PROPERTIES, ET AL., Plaintiffs-Appellants, v. THE CITY OF FORT WAYNE, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

December 27, 1978.

Attorney(s) appearing for the Case

Paul B. McNellis of Bonahoom, Chapman & McNellis, Ft. Wayne, for plaintiffs-appellants.

Clifford E. Simon, Jr., Assoc. City Atty., Ft. Wayne, for defendant-appellee.

HOFFMAN, Judge.

Appellants Environmental Properties sought to remonstrate against annexation of their property by the City of Fort Wayne. Because such remonstrance was not timely filed, the City moved for dismissal of the action maintaining that the trial court lacked jurisdiction. Appellants bring this appeal as a result of the granting of the City's motion to dismiss.

On June 12, 1974, an Annexation Ordinance No. X01-74 passed by the Common Council of Fort...

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